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(영문) 대전지방법원 천안지원 2016.09.08 2015고정893
강제집행면탈등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Justice] On February 17, 2011, the Defendant was sentenced to a suspended sentence of one year of imprisonment for embezzlement at the Daejeon District Court Branch of the Daejeon District Court on February 28, 201, and the judgment became final and conclusive on February 28, 2013. On January 16, 2014, the Seoul East District Court sentenced a suspended sentence of one year of imprisonment for fabrication of private documents at the Seoul East District Court on June, 201, and the judgment became final and conclusive on April 9, 2015.

【Criminal Facts】

On November 4, 2011, the Defendant without authority, even though he is not the representative of the said B church, prepared a contract for the assignment of claims for the lease deposit amounting to KRW 30 million against D Apartment 101, 503, Dong-gu, Dong-gu, Dong-gu, Seoul and the obligor column, and entered “A” in the obligee column and entered “E” in the transferee column, without authority, even though he is not the representative of the said B church.

Accordingly, for the purpose of exercising the right, the defendant prepared an assignment contract, which is a private document, with the qualification of the representative of the C religious organization B church, and exercised it to E, the above apartment lessor.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. A copy of the indictment (No. 2010-type 5035, 2010-type 5035, a copy of the written judgment (written branch office), a copy of the written judgment (written branch office of the court), a contract for assignment of claims (written branch office of the court), a real estate lease contract, a certificate of fact, a copy of the written judgment (Seoul East Eastern District Court Decision 2012No1877), a copy of the written judgment (Seoul East East District Court Decision 2014No1586), a copy of the written judgment (Seoul East East District Court Decision 2014Do1584), a copy of the written judgment (Seoul East District Court Decision 2014Na

1. Previous convictions: Criminal records, copies of written judgments (referring to the Supreme Court Decision 2010No995), copies of written judgments (Seoul Eastern District Court Decision 2012No1877), copies of written judgments (Seoul East Eastern District Court Decision 2014No15854), copies of written judgments (referring to the Supreme Court Decision 201Do15854), copies of written rulings (referring to the Daejeon District Court Decision 201No621), and copies of written rulings (referring to the Supreme Court Decision 201Do9357) shall apply to each statute;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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