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(영문) 수원지방법원 2016.04.20 2015고정2917

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

The Defendant filed a complaint with C to the effect that he/she did not receive reimbursement after lending the amount equivalent to KRW 300 million to C, but was subjected to a disposition not to be suspected (Evidence) and led to agreement with C and D for the Defendant.

E and F had a mind to file a false complaint.

1. On February 27, 2015, the Defendant issued a letter of complaint to the certified judicial scrivener office in Ansan-si, the Defendant: (a) delegated the matters agreed upon by C and D to E; and (b) issued a letter of delegation to E; (c) for the purpose of having E criminal punishment, the Defendant, via a certified judicial scrivener, submitted a letter of complaint to the public service center of the police station of the Suwon-gu, Suwon-gu, Suwon-gu, 199 Won-gu, the Defendant submitted to the police officer a letter of confirmation to the effect that “The Defendant Nonparty Nonparty forged and exercised the above power of attorney on February 19, 2014; and (d) completed a written confirmation of transaction by gathering the Defendant’s proxy qualification on March 14, 2014.”

2. Around March 25, 2015, the Defendant, who was not in charge of C, D, and F, issued a letter of complaint to the above certified judicial scrivener office, stating that “A, D, and F, in collusion with E, constitutes a forgery or use of the power of attorney, and the preparation of a transaction confirmation document, would be punished.” On the same day, the Defendant submitted a letter of complaint to H from the investigation of the police station and the G office of the N, the N, and submitted the letter of complaint to C, D, and F, with the intent to obtain criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the accused by the prosecution (including the E statement part);

1. A protocol concerning the interrogation of each police officer in relation to E, C, D, or F;

1. Application of the provisions of Acts and subordinate statutes of a written agreement, product transfer (net 27), transaction confirmation (net 29,44), power of attorney, written agreement, notarized document, or pre-paid contract;

1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the crime. Article 156 (Selection of Penalty)

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;