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The defendant shall be innocent.
Reasons
1. On February 10, 2017, the Defendant entered “B”, “C”, “D”, and “B” in the business registration number column in the taxpayer name column of the “application for a civil petition, such as the issuance of national tax certification,” at the same tax office located in 269, Seocheon-gu, Busan, Busan, for the purpose of exercising, at the same tax office. On February 10, 2017, the Defendant signed the “B” on the date under the “10, February 2017,” signed the “B” and used the “application for a civil petition, such as the issuance of national tax certification,” under the name of “B,” and issued the same date and at the same place as if he were actually prepared.
2. Determination:
A. In a criminal trial, the prosecutor bears the burden of proving the criminal facts prosecuted in the criminal trial, and the finding of guilt must be based on the evidence of probative value, which makes the judge sure that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt of guilt against the defendant, the interest of the defendant should be determined as the benefit of the defendant (see, e.g., Supreme Court Decision 2009Do1151, Jul. 22, 2010). B. The prosecutor forges a document under the name of the defendant, and uses a forged document.
Prosecution was filed.
However, a person who is not authorized to prepare a private document referred to in Article 231 of the Criminal Act refers to the preparation of a document by forging "the name of another person" and cannot be punished as a crime of forging a private document.
In full view of the details of the application for civil petition such as the issuance of the pertinent certificate of national tax (hereinafter referred to as “A”) and the process and process of the preparation of the document, the Defendant is deemed to have prepared the document by indicating the qualification as a mandatory delegated by B, not by gathering the name of B.
Ultimately, the evidence submitted by the prosecutor alone has forged the document in the name of B.