beta
(영문) 부산지방법원 2015.06.25 2015고단834

무고

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 10, 2014, the defendant prepared a false complaint against AI using the sleep in the Busan detention center.

Around October 23, 2012, the complainant (Defendant) submitted a written complaint stating that “A has forged a certificate of employment in the name of the AI and written consent, and submitted the forged document, and received three million won each from the Tae River Loan Co., Ltd. and the Boh Capital Loan Co., Ltd.” to the effect that “A has received three million won each from the Tae River Loan Co., Ltd. and the Boh Capital Loan Co., Ltd.” at the time of the complainant’s application for a loan to the Tae River Loan Co., Ltd. and the Boh Capital Loan Co., Ltd., the defendant, the defendant, the defendant, submitted a written complaint stating that “A has received three million won each from the Tae River Loan Co., Ltd. and the Boh Capital Loan Co., Ltd.,” to be subject to criminal punishment.

However, unlike the contents of the complaint, it is true that the defendant, without the consent of the AI, has forged and used the consent form, such as the loan transaction contract, loan transaction guarantee contract, collection and use of personal (credit information) in the name of AI, and the above loan was made. Therefore, the AI did not have any fact that the defendant was dismissed.

Nevertheless, on June 13, 2014, the defendant submitted the above complaint by mail to the Busan Northern Police Station and received the name of the person in charge.

As a result, the defendant raised a complaint against AI for the purpose of criminal punishment.

Summary of Evidence

1. Legal statement of a witness AI;

1. Copy of the protocol of suspect examination of AH by prosecution;

1. Letters, each protocol of trial, each judgment (2013Gohap687), a petition of appeal, a loan transaction contract, a guarantee contract for loan transaction, and the details of payment of loans (each copy);

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant legal provisions for criminal facts, Article 156 of the Criminal Act for the choice of punishment, reasons [the scope of recommendation] for sentencing of imprisonment [the scope of punishment] 1 category, basic area (6 months to 2 years] (no special person] (the decision of sentence], and criminal records of the defendant.

참조조문