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(영문) 수원지방법원 여주지원 2016.01.06 2015고정41

무고등

Text

Defendants shall be punished by a fine of three million won.

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

1. On November 18, 2013, the Defendants, at the “G” legal office located in Seocho-gu Seoul Metropolitan Government F, drafted a written complaint against H and victim I.

The complaint is the content of “a false description in the injury to the registration of real estate by forging at will the power of attorney, without any authority, despite the existence of the fact that H had been entrusted with the cancellation thereof, and making the maximum amount of KRW 1.7 billion cancel the mortgage in the name of B of the claim.”

However, the Defendants borrowed KRW 500 million from J around November 12, 2008, and delegated the victim with the authority to cancel the above collateral security in the name of Defendant B, which was established on the land located in E-si, Leecheon-si. Since the Defendants failed to repay the above loan, the Defendants ordered the victim to cancel the above collateral security around August 14, 2009.

Nevertheless, on November 19, 2013, the Defendants submitted the above written complaint to the employee in charge who is unable to know his name at the Leecheon Police Station of the Gyeonggi-do.

As a result, the Defendants conspired with the victim to have the criminal punishment imposed.

2. On February 13, 2014, the Defendants conspired with the public service center of the Seoul Eastern District Court located in 404, Agrasan-ro, Seoul Special Metropolitan City, Gwangjin-gu, Seoul, the Defendants attempted to commit fraud by submitting a false complaint stating that “H and the victim I arbitrarily cancelled the right to collateral security of KRW 1.7 billion with the intent of forging the power of attorney, etc. under B, thereby causing damage equivalent to KRW 1.7 billion,” and subsequently, attempted to obtain by deception KRW 1.7 billion, but the victim failed to respond to such fraud and attempted to commit an attempted crime.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of the witness J and I;

1. A copy of the protocol concerning the examination of suspect to H (including the part concerning the statement of the Defendants);

1. Copy of the police statement made by Defendant A;

1. Statement made to I by the police;

1. J. J.