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The defendant shall be innocent.
Reasons
1. On February 2, 2018, the Defendant was sentenced to a suspended sentence of 9 months for criminal fraud at the Sungnam Branch of Suwon District Court for a period of 2 years, and the judgment became final and conclusive on October 18, 2018.
The Defendant, around May 11, 2017, to the Incheon District Court located in 163 Doo-ro 17, the Michuhol-gu Incheon, Incheon District Court in charge of other monetary claim cases, the Plaintiff B, the Defendant C, and the Defendant, to the department in charge of the Incheon District Court 2017Kadan216744, and the fact was written and signed as a guarantor on December 29, 2016 in a payment sheet prepared and issued by the Defendant to B, and had the Defendant bear the joint and several liability amounting to KRW 50 million in the amount of money, despite the fact that the Defendant, as a guarantor, signed and signed the payment sheet prepared and issued by the Defendant to B, he/she attempted to deceiving the court by submitting a payment sheet that deleted the part signed by the Defendant and claiming that there was no joint and several liability, but failed to perform his/her attempted joint and several liability.
2. The summary of the Defendant’s and his defense counsel’s assertion did not delete the signature of the letter of commitment.
The Defendant, as before the date of the preparation of the letter of payment, was presented by C only with the signature of C, and copied it, and the Defendant also signed the letter of payment and issued it to B at the request of B B.
For the above reasons, the Defendant was holding a copy of a statement of payment without the Defendant’s signature, and only when the lawsuit was filed from B, it was submitted to the court.
In light of the above circumstances, the Defendant did not commit deception and did not have any intention to deception.
3. Determination
A. The relevant legal doctrine 1 lawsuit fraud is a crime involving the acquisition of the other party’s property or pecuniary advantage by deceiving the court and obtaining a favorable judgment against him/her. The punishment of such a crime is an inevitable assertion favorable to him/her and a remedy for infringement of rights through a lawsuit.