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(영문) 부산지방법원 동부지원 2015.03.11 2014고단866

무고

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around July 23, 2012, the Defendant drafted a false complaint against E in his/her residence located in Busan-gun, Busan-gun.

The statement of the complaint states, "The defendant E has used in the case of seizure of folk curios in front of the Yangsan Dogdogdog, and the victim obtained a seal imprint, a seal imprint, a resident registration certificate, an abstract of resident registration card, etc. from the victim and prepared 110 million won in cash loan contract to the outside of the case. However, the fact did not have been authorized to prepare a notarial deed or borrow money by proxy."

However, the Defendant was in a situation where most of his auction and real estate related business were entrusted to E, decided to sell and sell real estate in F, etc. according to E’s proposal, and accepted from F 80 million won in total, 30 million won in direct 30 million won, and accepted from E to prepare the above notarial deed.

Nevertheless, the defendant received the above complaint to the Dong Office of Busan District Prosecutors' Office on the same day.

In this respect, the defendant committed a false accusation for the purpose of having E receive criminal punishment.

2. Around August 19, 2013, the Defendant drafted a false complaint against E in his/her residence located in Busan-gun, Busan-gun.

The gist of the complaint is that "the defendant E has forged a cash custody certificate without his/her consent."

However, the Defendant was in a situation where most of his auction and real estate related affairs were entrusted to E, decided to sell and sell real estate in F, etc., according to E’s proposal, and accepted from F to E to receive KRW 80 million in total, and KRW 30 million in person, and KRW 110 million in total, and accepted to prepare the cash custody certificate.

Nevertheless, the defendant received the above complaint from the Busan Metropolitan Police Station on the same day.

Accordingly, the defendant is subject to criminal punishment against E.