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(영문) 서울중앙지방법원 2016.10.12 2015고단7529

무고등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Costs of expert evidence among the costs of lawsuit shall be borne by the defendant.

Reasons

Punishment of the crime

On May 2013, the Defendant provided alcoholic beverages twice to E from the first floor underground of the Seoul Special Metropolitan City Gwanak-gu Seoul Special Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City Special Metropolitan City City Office D, and did not receive 400,000 won to E, and accordingly, the Defendant forged a cash custody certificate in the name of E with the purport that he/she did not repay 14,00,000 won from the Defendant without his/her intent or ability to repay, forged the cash custody certificate in the name of E to the effect that he/she did not repay 14,000,000 won, and had the Defendant’s employee, affixed his/her fingerprints on the said cash custody certificate, and had the Defendant’

1. From June 2015 to July 4, 2015, the Defendant: (a) stated that “E has lent 14 million won from A on March 13, 2014, and the said money will be repaid on December 24, 2014; and (b) stated “Saro E” on the lower part of the said cash custody certificate; and (c) stated that “F has affixed its fingerprints on the E side of the said cash custody certificate.”

Accordingly, the Defendant, in collusion with F, forged a cash custody certificate in the name of E, a private document related to rights and duties for the purpose of exercising the rights and duties.

2.(a)

Around July 2, 2015, the Defendant prepared a written complaint stating that “E was punished because he/she acquired 14 million won from the Defendant on March 13, 2014 without any intention or ability to repay,” in the public service center of the Seoul Gwanak-gu Seoul Gwanak Police Station, Seoul Special Metropolitan City, the Defendant was forged with a cash custody certificate to be submitted as evidence at the police station.

Nevertheless, the Defendant submitted the above complaint to the Seoul Mak Police Station criminal G of the Seoul Mak Police Station on July 4, 2015. On July 4, 2015, the Seoul Mak Police Station investigation and the Economic 3 Team office stated the above purport.

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

(b).