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(영문) 부산지방법원 2016.02.04 2015고단6081
위증교사
Text

Defendant

A Imprisonment with prison labor for one year, for eight months with prison labor for Defendant N, and for ten months with prison labor for Defendant K.

except that this shall not apply.

Reasons

Punishment of the crime

[Reference Facts] Defendant A is the representative director of E located in Busan Shipping Daegu D, and Defendant N is in charge of accounting, dispatch, labor, general affairs, etc. up to now after entering the above E around March 2011. Defendant K is the president of the trade union of the above company.

Defendant

A was prosecuted to the Busan District Court on November 27, 2014 due to fraud and violation of the Act on the Management of Subsidies and was pending in the first instance trial (hereinafter “the instant case”), but at the above trial, there was an issue as to whether Defendant A and F (guilty in the first instance trial of the case where the aforementioned trial was separately prosecuted)’s public offering or not, and on March 6, 2008, each of the labor-management agreement agreements between the parties (hereinafter “each of the instant agreements”) (hereinafter “each of the instant agreements”) was prepared, the details of the case were known to the effect that “A himself/herself, under no knowledge of the name and contents of the documents, was required to seal the president of the above company’s labor union on any of the documents from E’s representative, and the signature and seal of each of the labor-management agreements were affixed to the president of the above company.” The issue of whether each of the above agreements was an important crime of denial of the above agreements is the full signature or not.

[Criminal facts]

1. The Defendant: (a) received each labor-management agreement of this case from the above F, and affixed the representative seal on the E part of the documents; (b) and (c) received the signature and seal on the part of the president of the labor-management agreement; and (d) N did not have participated in the process of preparing the labor-management agreement, and thus did not know the fact.

Nevertheless, the Defendant was investigated by the prosecution on October 30, 2014 to be exempted from criminal punishment upon the commencement of the investigation into the instant subsidy, and thereafter E around November 2014.

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