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(영문) 수원지방법원 여주지원 2017.05.02 2016고정291

무고

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around March 2015, the Defendant, at a law firm B office located in Seoul Special Metropolitan City, drafted a false complaint to the effect that “The Defendant shall forge a loan certificate without the consent of the Defendant D, E, F, and G, and set up a mortgage of the maximum amount of KRW 270 million with the maximum amount of claims 20,000,000,000 won, which is the debtor’s complaint, on the real estate of the H of Gyeonggi-gu H, Gyeonggi-gu, H, and thus, shall be punished for forgery of private documents, the use of the above investigation documents, and the request for punishment for fraud.” On March 20, 2015, the Defendant received the above complaint with the public service offices of the office of the Pyeongtaek-gu Police Station, which received the above complaint from the public service center of the two police stations around March 30, 2015, and made a statement to the police officer in charge of the investigation of the two police stations and the economic team office of Korea on March 30, 2015.”

However, the above loan certificate was set up by D with the consent of the defendant.

In this respect, the defendant was committed for the purpose of having D, E, F, and G receive criminal punishment.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

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

1. Statement made by the police against the defendant;

1. A complaint, a copy of a loan certificate, a copy of a certificate of seal imprint (as of May 6, 201) and a copy of a certificate of seal imprint (as of May 201, the defendant and his/her defense counsel, in cases where the defendant and his/her defense counsel have the document prepared by deceiving the name of the document, the crime of forging a private document is established even if the signature and seal are duly formed, and if the defendant D prepares a loan certificate to the defendant and pays his/her obligations to the defendant with the money borrowed from the defendant E, F

As the defendant accused and made others prepare a loan certificate, it is argued that the defendant's accusation of D, E, F, and G due to the charge of forging a private document and the crime of accompanying the company has no intention of accusation.

According to the evidence submitted by the prosecutor, the defendant is the defendant between D and D.