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(영문) 서울중앙지방법원 2018.08.31 2018고단3480
위증등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] On February 8, 2018, the Defendant was sentenced to six months of imprisonment for a crime, such as fraud, at the Seoul Central District Court, and the judgment became final and conclusive on April 10, 2018.

[2] On April 27, 2015, the Defendant entered into a sub-lease contract with D and commercial building sub-lease contract at the office located on the first floor of the Gangnam-gu Seoul Metropolitan Government C building, and issued a prior written consent for sub-lease in the name of E, a private document on the rights and obligations that D can register as a business operator.

After that, on May 26, 2015, the Defendant filed an application with D for registration of beauty art business with the trade name of D in Gangnam-gu, Seoul, Gangnam-gu, 425 at the Gangnam-gu, Seoul, for registration of beauty art business in the name of D, “F”, and as such, the Defendant submitted a sub-lease agreement forged by the Defendant to the public official in the name of the said tax office without knowledge of the forgery as if it was a document duly formed.

Accordingly, the Defendant conspiredd with D to use a forged E-lease consent form.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Investigation Report (Report accompanied by the text of the judgment) - Copy of each judgment;

1. Investigation report (date of application for business registration and confirmation on the date of registration);

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes to investigation reports (Dismissal of the final appeal of the original case and confirmation of final facts);

1. Relevant Article of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act: The fact that the Defendant appears to have committed a leading crime in forging and exercising the instant approval letter of sub-lease; the circumstances favorable to the fact that the Defendant was sentenced to a punishment by fraud against D, but did not repay at all until now: The Defendant’s mistake was recognized at the latest; prior to the instant crime, there was no record of punishment other than once a fine, and the judgment became final and conclusive.

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