Acquittal of Forgery of a Private Document | Accused of Forgery of a Private Document for Preparing a Document in Another's Name, but Won an Acquittal

The clients, who were brought to trial on multiple charges including forgery of a private document, had prepared a private document in the name of the representative, and forgery was applied.

The clients accused of forgery of a private document ran a supply business, and the problem arose when they failed to pay the price of goods to another company on time.

As the payment continued to be delayed, the other company carried out a provisional attachment of the clients' claim for the price of goods.

The clients therefore met with the person in charge of managing accounts receivable at the company and requested that the provisional attachment be lifted.

The person in charge, however, reportedly demanded, as a condition for lifting the provisional attachment, that an enforceable notarial deed be prepared.

The clients reportedly then prepared a ‘debt acknowledgment and power of attorney’ and other documents in the name of the nominal representative of their own company.

Through close consultation with the clients, Daeryun Law Firm formed a team of experienced attorneys composed of multiple specialists with extensive experience in cases of forgery of a private document and uttering of a forged private document.

The Daeryun attorneys argued strongly that the nominal representative of the defendants' company had given implied consent, including by delegating all authority to the defendant.

■ The complainant, who was the nominal titleholder, entrusted and delegated the overall operation of the business to the defendants

■ The defendants merely prepared a balance confirmation for the relevant counterparty after another company requested that they prepare materials needed for its accounting

■ In light of the matters above, the clients acted within the scope of the authority delegated to them

■ The evidence listed in the evidence inventory submitted by the prosecutor in this case could not prove that the defendants forged or uttered a private document

Accepting the arguments of the Daeryun Law Firm attorneys, the court rendered a judgment in the forgery of a private document case stating, “The defendants are each acquitted, and the summary of this judgment of acquittal shall be published.”

The clients in the case above had handled business by borrowing the representative's name, and a problem then arose. This was because the representative, upon learning of this, filed a complaint against the clients for forgery of a private document.

For forgery of a private document, evidence that another person's document was manipulated must be proven. Daeryun was able to obtain an acquittal by proving that the clients had prepared the document under authority delegated by the representative.

The clients, who were acquitted thanks to the assistance of the Daeryun attorneys, expressed their gratitude.

Daeryun Law Firm organizes performance teams composed of multiple legal specialists to maximize its expertise.

Through Daeryun's own litigation system, built on the basis of resolved cases across many fields, the firm provides its best assistance with the cases entrusted to it.

If you are experiencing legal difficulties, you are welcome to seek Daeryun's assistance at any time.