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(영문) 전주지방법원 2016.10.12 2016고단689

무고

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On July 24, 2015, the Defendant is a person who was sentenced to a suspended sentence of five months for a violation of the Attorney-at-Law Act at the Militarysan Branch of the Jeonju District Court, etc. on August 1, 2015, which became final and conclusive and is currently under the suspended sentence.

【Criminal Facts】

On January 5, 2016, the Defendant prepared a false complaint with the aim of having E criminal punishment, at an attorney B's law office located in Doll Building No. 201 in Gun, Sinsan-si, for the purpose of having E receive criminal punishment.

A written complaint states that “Defendant E, a party to the complaint, without authority, without authority, shall state “40 million won” in the face value column of the face value of the promissory note form, “H” on June 22, 2015, and “H” on the issuer’s name, affixed a certificate of seal impression on the issuer’s name, and forged H’s securities under the name of the issuer, and shall be subject to compulsory execution” on the letter of delegation column of the power form stating “H” and then forged H’s power of attorney’s seal impression affixed to the name and forged H’s certificate of seal impression on the letter of delegation form, and based on this, forged H’s power of attorney in the name and forged H’s letter of attorney’s seal impression affixed thereto, and written a false certificate of promissorysory note.”

However, the facts are as follows: (a) around March 19, 2015, the Defendant entered into a sales contract to purchase KRW 36,500,000 of the purchase price for the cargo of KRW 4.5 tons owned by E and (J: J 2057) in the name of the Defendant’s father, and (b) around March 23, 2015, in order to guarantee the payment of the above purchase price for the cargo of KRW 36,50,00,000 from E, the Defendant shall have the authority to prepare a authentic document stating that he did not object to compulsory execution when failing to pay the issuer of the promissory note and the proxy form using the aforesaid seal imprint.

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