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(영문) 서울서부지방법원 2015.12.24 2015노1158
사기등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for two years, for ten months, and for eight months, for Defendant C.

Reasons

1. Of the facts charged against Defendant A, the lower court dismissed the public prosecution as to the violation of the Labor Standards Act on the ground that the employee I paid wages to Defendant A, and sentenced Defendant A guilty as to each other’s fraud, forgery of private documents, uttering of the above investigation document, and false entry into public electronic records, etc., uttering of false entry into private electronic records, etc., preparation of qualification-style documents, preparation of qualification-style private documents, use of private document, obstruction of business, and violation of the Labor Standards Act.

However, since Defendant A and Prosecutor appealed against the conviction part of the judgment below and did not appeal against the dismissal part of the prosecution by both the Defendant and the prosecutor, the dismissal part of the prosecution in the judgment below is determined separately, and only the remaining guilty part is subject to the judgment of this court.

2. Summary of grounds for appeal;

A. Defendant A and C1) a person who, on March 16, 2011, prepared a “implementation agreement on stock acquisition” in the content certification, sent by theO to the Defendants on March 16, 201, on the following grounds: (a) although he/she recognizes the fact that the corporation’s seal was delivered, he/she sent a certificate of contents on March 24, 2011; and (b) filed an application with the Defendants for a temporary disposition to suspend the performance of duties and appointment of acting directors; and (c) accordingly, the Defendants filed a complaint after filing an application for the appointment of acting directors on February 28, 2011 (hereinafter “implementation agreement”).

(B) On March 7, 2011, “Agreement on Implementation under Stock Acquisition” (hereinafter referred to as “Agreement on March 7, 201”) and “Agreement on Implementation” (hereinafter referred to as “Agreement on Implementation”).

The judgment of the court below which found the defendant guilty as to the forgery of private documents and the uttering of private investigation documents although the O's statement that was forged is not reliable.

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