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(영문) 서울남부지방법원 2015.09.22 2015고단2268

무고

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 19, 2014, the Defendant filed a complaint with the head of Yeongdeungpo Police Station and the office of the Seoul Yeongdeungpo Police Station located in 608, the National Assembly of Yeongdeungpo-gu, Seoul, to the effect that “D has stolen the Defendant’s personal seal impression from August 11, 2014 to August 18, 2014, 1st, GEC 290B excavation 1st, GEC 290B excavation 1st, HEC 290BP excavation 1st, which is the Defendant’s possession, at the seat of the office located in Yeonsu-gu, Incheon, Yeonsu-gu, Incheon, which was operated by the Defendant, from August 11, 2014 to August 18, 2014, and submitted a letter of complaint to the head of the police station and the office of the Seoul Young Military Police Station to the effect that “D has stolen the Defendant’s personal seal impression and stolen the Defendant’s seal imprint transfer document, and the seal imprint transfer document

However, the Defendant borrowed KRW 65,00,000 from D on July 16, 2014, and prepared a loan certificate of KRW 114,00,000 with respect to the total amount of debt owed to D prior to this money, and as security, D used the said three parts for the said period, and agreed to transfer the said three parts for the said period to D if it is impossible to repay the money by August 31, 2014, which is due date, according to this agreement, D was merely bringing three parts for the said period, and it was stolen, or forged the transfer document.

Nevertheless, the defendant reported false facts to D with the aim of having D subject to criminal punishment as above, and made D false accusation.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of suspect examination of the accused (including D's statement);

1. Statement by the prosecution concerning D;

1. Each police statement made to I and J;

1. Application of Acts and subordinate statutes to file a complaint, the details of entry and withdrawal between loans made by A, the details of account transactions, each certificate of transfer of each construction machinery, a loan certificate, a sales contract, a report on the transfer of construction machinery, a registration of transfer of construction machinery, a written appraisal, and

1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;

1. Articles 157, 153, and 55 (1) 3 (Confession) of the Criminal Act, which are statutory mitigation;

1. Article 62 of the Criminal Act: