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(영문) 수원지방법원안양지원 2020.10.16 2019고단2119
무고
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 2019, the Defendant came to know of the fact that “C” registered in the name of the Defendant was prohibited from departing from the Republic of Korea due to the failure to pay taxes in arrears, which was intended for the Defendant’s friendship B’s departure from the Republic of Korea. In order to avoid liability for taxes in arrears, B was willing to file a false complaint as if B used the Defendant’s name without permission.

Accordingly, around May 2019, the Defendant prepared a written complaint to the effect that “B had a copy of the Defendant’s resident registration certificate and an officetel lease agreement from Defendant D and forged an application for business registration, etc. under the Defendant’s name, which is a private document related to rights and obligations, while making a business registration application under the Defendant’s name with a copy of the Defendant’s resident registration certificate and an officetel lease agreement,” and then, the Defendant had the employee in charge of the said law firm submit the above written complaint to the public service center of the Yangyang-si Office of the Suwon District Public Prosecutor’s Office located in Ansan-ro 212-ro, 52, Dong-ro, Dong-ro, 2019.

However, on November 2012, the Defendant permitted B to register its business under the name of the Defendant and operate the “C”, and then, allowed B to visit the bank directly to use the “C” operation and to prepare and submit relevant documents, such as an application for business registration, in the name of the Defendant. There was no forgery of B’s application for business registration following the Defendant’s sunset.

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

Summary of Evidence

1. Each legal statement of witness B and F;

1. Some of the interrogation records of the accused by the prosecution;

1. A complaint, withdrawal of complaint, written application for business registration, and certificate of closure of business;

1. Application of Acts and subordinate statutes to an investigation report (the results of inquiry into financial transaction information in the name of a complainant), a criminal investigation report (Attachment to a copy of a bankbook of an enterprise bank), and a criminal investigation report (Attachment to A-related response data

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts, the choice of fines, etc.

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