beta
(영문) 수원지방법원 안양지원 2015.11.10 2015고정406

무고

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 31, 2006, the Defendant: “Around September 15, 2007, the Defendant: (a) forged the Defendant’s house located in Mapo-si, Mapo-si; (b) forged the Defendant’s loan certificate of KRW 300 million on August 31, 2006 with the obligor E, the complainant as the surety; (c) the obligor F, and the complainant as the surety; (d) forged the Defendant’s loan certificate of KRW 15 million on January 15, 2007 with the date of preparation of the obligor G, and the complainant as the surety; and (d) forged the Defendant’s house with the intent to obtain the above loan certificate of KRW 30 million on December 3, 2012 with the intent to verify the content of the loan certificate of KRW 912,130,000,00 as the surety; and (d) investigated and punished the same.”

However, in fact, Chapter 3 of the above loan certificate was not forged by D, but directly signed and sealed by the defendant as the guarantor according to G's request.

Nevertheless, around September 10, 2013, the Defendant filed a false complaint with a staff who is unable to know his name in the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the horizontal Housing Site, and filed a false complaint with the purpose of having D punished criminal punishment.

Summary of Evidence

1. Legal statement of witness D;

1. A protocol of examination of part of the defendant by prosecution;

1. Part of the protocol of interrogation of the defendant by the prosecution as to the defendant

1. A suspect interrogation protocol of the police officer G (a interrogation record No. 131 pages);

1. Each loan certificate, appraisal certificate, and written judgment;

1. Application of the provisions of Acts and subordinate statutes to the chief of the accusation (investigative Record No. 87 of the Investigation Record) and the supplementary statement of complaints (investigative Record No.

1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;