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(영문) 대전지방법원 홍성지원 2015.07.24 2015고단379

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 3, 2014, the Defendant prepared a false complaint with respect to C at the public service center of Pyeongtaek-si Police Station, located at the center of Pyeongtaek-si Police Station, which is located at the center of Gyeonggi-si, and submitted it to the public service center of Pyeongtaek-si Police Station on the same day, and stated that the police officer D, who is investigating the instant case, made a false statement about A.

‘‘(C’s forgery of the power of attorney in the name of the Defendant and obtained the body autopsy, family relation certificate, basic certificate, and expulsion from the Defendant’s father, and used them to receive insurance proceeds from the death of Samsung Bio-resources on November 6, 2008, and withdrawn and stolen the pension paid by the National Pension Management Corporation without the consent of the Defendant.

However, around October 26, 2008, the Defendant directly issued a family relation certificate, basic certificate, and removal from the office in the southyang-gun of Cheongyang-gun on or around October 30, 2008 at G Hospital in Cheongyang-gun F, Cheongyang-gun, Cheongyang-gun, and withdrawn the above pension directly from the Defendant’s bank account (H) on or around November 6, 2008, upon visiting the Samsungcheon-gun branch in Cheongcheon-dong, Cheongyang-gun, Cheongyang-gun, and submitting required documents, such as the above family relation certificate. On or around November 5, 2008, the Defendant directly withdrawn the above pension from the National Pension Management Corporation to the Defendant’s bank account under the name of the Defendant. < Amended by Act No. 968, Nov. 10, 2008>

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution (including the part concerning the defendant's statement);

1. The police statement of the defendant;

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

1. Article 156 of the Criminal Act applicable to the crimes;

1. Reduction and mitigation of confessions under Articles 157, 153 and 55(1)3 of the Criminal Act