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(영문) 부산지방법원 2019.01.18 2018고단2231

사기등

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A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in the instant case, the charge of fraud is acquitted. The verdict of not guilty is rendered.

Reasons

Punishment of the crime

On January 7, 2015, the Defendant was sentenced to one year for fraud at the Busan District Court, and completed the execution of the above sentence in the Busan Correctional Institution on May 10, 2015.

On December 1, 2016, the Defendant registered the business in his name in Busan Jin-gu C and D B store located in Busan, based on the lease contract made with B on December 1, 2016, and subsequently established a separate corporation to avoid compulsory execution of the overdue management expenses under the name of the Defendant in relation to C and D, and then planned to register the business in the future of the corporation.

In preparing a sub-lease contract, which is a newly established corporation E, to sub-lessee E, the Defendant demanded the representative F of B, the owner of the above store, to prepare a sub-lease consent, but refused to do so. However, the Defendant had expressed his intent to misappropriate his name with the fact that he keeps the corporate design of B, a corporation B.

On January 1, 2017, the Defendant entered the “Lease” form into “B,” “B,” “B,” “B,” “B,” “B,” “B,” “E,” and “B,” in the “B,” and printed out the form of “B,” using the computer,” and affixed a seal on the “B, B, F,” a corporate seal on the said “B,” respectively.

around that time, the defendant submitted a copy of the sub-lease agreement to the above corporation B in order to make the business registration in the 23 Busan High Tax Office, a corporation E, a corporation with no knowledge of such forgery.

Accordingly, the Defendant forged a copy of the sub-lease agreement in the name of the corporation B, which is a private document on the rights and obligations, and exercised it.

Summary of Evidence

1. Legal statement of witness F;

1. Part of the second prosecution examination protocol against the accused;