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(영문) 대전지방법원 2016.09.20 2016고단954

자격모용사문서작성등

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

Defendant

A was registered as a director of Company I from May 2013 to practically operated the company. Defendant B was a representative director from July 2010 to April 2013 and was actually operating Company I. On February 12, 2015, the Daejeon District Court sentenced the suspension of the execution of imprisonment with labor for six months for occupational embezzlement, and the said judgment became final and conclusive on February 24, 2015.

1. While Defendant A’s qualification reproduction document preparation and the event event Defendant A, while running the signboard manufacturing company I, transferred the signboard manufacturing facilities to KR (former trade name before the change: L) operator of the banner manufacturing company, Inc. (former name: L) on July 2014 due to the company’s operational trouble, and M operates a factory based on the above signboard manufacturing facilities under the name of “O” in his/her own Dong name N, and the Defendant was working as an employee of “O”. However, in around September 2014, the contract was terminated due to a dispute over the transfer contract, and the Defendant took over the signboard manufacturing facilities again and directly by the Defendant, and during that process, the Defendant did not take over the authority to use the signboard’s name, such as “O,” etc.

Nevertheless, the Defendant, by stealing the name of “K, L, andO” operated by M, committed the act against the existing business partners of M as if the Defendant was related to M, with intent to trade goods using M’s credit relations.

A. On November 3, 2014, the Defendant, at the office of Defendant’s operation in Daejeon-gu, Daejeon-gu P, drafted a letter of intent to request the M’s transaction partner (State) to supply advertising materials, as a computer, entered “A” and “L Daejeon branch, etc.” in the column of the applicant column without authority for the purpose of exercising rights, and completed orders in the capacity of the Daejeon branch office of L Co., Ltd. operated by M, as if the Defendant orders the goods.