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(영문) 수원지방법원 성남지원 2016.09.09 2015고단1368

무고

Text

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

Reasons

Punishment of the crime

On February 2, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Seoul Central District Court on February 2, 2012, and was released from an Ansan Prison on January 30, 2013, and the parole period expired on March 27, 2013.

On January 12, 2015, the Defendant prepared a complaint against D with a view to having D receive criminal punishment, at the police station located in 43 Doo-ro 159, and at the police station located in Ansan-si, 159.

Around June 2010, the defendant prepared only a written confirmation that he received 34 million won of damage as a minor shareholder of the defendant's lawsuit (ju) E, but the plaintiff was punished because he forged a written agreement under the name of the defendant and a written withdrawal of civil petition against the Financial Supervisory Service.

However, in fact, the defendant filed a civil petition with the Financial Supervisory Service (State) to request the Financial Supervisory Service to investigate whether there is an illegal matter through the sale and purchase of shares of the above (State) E, and the defendant issued 34 million won to the defendant under the name of the agreement, and the defendant drafted a written withdrawal of civil petition against the agreement and the Financial Supervisory Service by the defendant.

Nevertheless, the defendant had been sentenced to 34 million won or more due to the above-mentioned suspicion and had been released from the prison, and submitted a false complaint at the same time and place as above, and filed D with D.

Summary of Evidence

1. Each protocol of examination of witnesses D or F (part of the protocol of second public trial);

1. A protocol concerning the examination of suspects of the accused or D by the prosecution;

1. Copy of the protocol concerning the examination of suspects of the accused by the prosecution (204 pages of evidence);

1. A protocol concerning the examination of suspects of D;

1. Statement of the complaint filed and the police statement made to the defendant;

1. The original written agreement, the withdrawal of civil petitions, and the original certificate of seal imprint;

1. Notification of the results of written appraisal;

1. A copy of each judgment;