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(영문) 춘천지방법원 강릉지원 2016.10.27 2016노304
사문서위조등
Text

The judgment below

Part concerning Defendant A and B shall be reversed.

Defendant

A Imprisonment with prison labor for three years, and Defendant B.

Reasons

1. Summary of grounds for appeal;

A. Although the lower court did not find any other important evidence as to the case identical to this part of the facts charged, the lower court did not render a ruling dismissing the public prosecution in accordance with the latter part of Article 262(4) of the Criminal Procedure Act, it erred by misapprehending the legal doctrine on the validity of the final ruling dismissing the public prosecution on this part of the facts charged, which became final and conclusive.

B) Even if not, the victim N delivers the blank on which its seal is affixed to P with the intent of transferring its own shares to P. Thus, the instant certificate of stock transfer is written according to the victim N’s intent and is not forged. 2) The victim V Co., Ltd. (hereinafter “V”) for the following reasons.

[Attachment] C Co., Ltd. and the victim W (hereinafter “W”).

Corporation I (hereinafter referred to as “I”)

The crime of evading compulsory execution is not established on the premise of the existence of a claim, since the victims did not have a claim against the victim. ① The victims’ respective claims for bills were caused by the occupational breach of trust of CG, which was the representative director of I at the time, and the victims actively participated in such breach of trust, and thus is null and void by anti-social legal act. ② The victims’ claim for construction payment against I is not a party to the subcontract with the victims, and there is no claim for construction payment against the victims. ③ In the civil appellate case (Seoul High Court 2014Na3209) in the civil appellate case (Seoul High Court 201) the victims renounced all claims including the claim against I, and thus, the absence of a claim against the victims becomes final and conclusive.

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