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(영문) 광주지방법원 순천지원 2019.06.21 2019고단747

무고

Text

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

Reasons

Punishment of the crime

Around March 16, 2018, the defendant had a C judicial scrivener prepare a written complaint on D using a computer for the purpose of having D criminal punishment, at the C judicial scrivener office located in Mineyang-si B, and having D prepare a written complaint on D using the computer.

The statement of the complaint states that "The defendant defendant D shall forge one copy of each of the shareholders' list at the (State) F Office located in Goung-gun E on January 22, 2018, A's resignation, acceptance letter, transfer/acquisition contract, a written resolution in lieu of the shareholders' general meeting, a written resolution in lieu of the shareholders' general meeting, and submit it to the employee in charge of Goung-gun, which is punished as the crime of forging private documents and the crime of uttering of a falsified investigation document."

However, on January 18, 2018, the defendant agreed with the above D to the effect that "the defendant resigns from the (State) representative director and transferred the (State) F shares to D, and the defendant and D were the joint representative director of (State)F," and then delivered the (State) F's corporate seal to the above D, and the above D did not have forged his resignation, etc.

Nevertheless, around March 16, 2018, the Defendant submitted the above complaint to the public service center of the public service center of the public service center of the public service center of the public service center of the public service center of the public service center of the public service center of the public service center of the public service center of the public service center of the public service center

Accordingly, the Defendant reported false facts to public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Each police statement of G and H;

1. A complaint;

1. Recording records;

1. The application of Acts and subordinate statutes to written resignation, written acceptance of appointment, written contract for stock transfer or takeover, written resolution substituting a general meeting of shareholders, stockholders' roster, written appraisal and written appraisal;

1. Article 156 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Reasons for sentencing under Articles 157, 153, and 55 (1) 3 of the Criminal Act to be mitigated legally;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing criteria (the determination of a type) shall be the person who is a general and special person.