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(영문) 광주지방법원 순천지원 2015.01.07 2014고단170
사문서위조등
Text

Defendant

B A person shall be punished by imprisonment for six months.

However, the defendant B shall be sentenced to the above punishment for one year from the date this judgment becomes final and conclusive.

Reasons

On November 2013, the defendant (defendant B) requested a certified judicial scrivener who is not aware of the fact to prepare a false complaint against A, who is her husband, and around December 6, 2013, the above certified judicial scrivener requested the above certified judicial scrivener to submit the above complaint to the Net Police Station.

The statement of the complaint is that "A, who operated the Mat of the trade name "D", was in her husband due to the act of violence of A, who is the husband, and a divorce lawsuit was pending. A, on November 6, 2013, forges a report on the closure of the business in the name of the complainant without authority and submitted it to the net tax secretary and exercised it."

After that, around December 11, 2013, the Defendant received a report on the investigation of the Net Police Station and the supplement of the complaint from the office of the Economic2 Team, and stated that “B as the representative of the complainant B, he operated D from June 15, 2012. A, the husband, who was the Defendant, has forged the report on the discontinuance of the business in the name of the complainant without the consent of the complainant, and shipped it out to the net rent book, which is punished.”

However, in fact, A borrowed business funds from his parents and opened business around June 15, 2012, and at the time A had been going to another workplace, A was registered in the name of the Defendant. The Defendant already agreed to transfer the name of A and the same marina business operator to A’s parents around March 2013. As such, around November 6, 2013, A had the authority to prepare a report of business closure under the name of the Defendant, and A did not forge and use the said report.

Accordingly, the defendant was arrested for the purpose of having A receive criminal punishment.

Summary of Evidence (Defendant B)

1. Defendant B’s legal statement

1. Statement to A by the prosecution;

1. A certificate of closure or report on closure of business;

1. Application of the Acts and subordinate statutes governing the petition for complaint (Defendant B);

1. Criminal facts;

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