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(영문) 인천지방법원 2020.07.22 2020고단3384

무고

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

When the defendant came to know that he could not terminate his insurance contract because the name of the contractor was B with respect to a number of insurance contracts where the defendant is the insured while preparing for divorce lawsuit between B and the legal couple, the defendant thought that B was guilty of false accusation as a crime of forging private documents and uttering of a falsified document.

Around December 16, 2019, at the Incheon Metropolitan City public prosecutor's civil petition office located in the Michuhol-gu Incheon Bupyeong-gu Incheon Metropolitan City public prosecutor's office, the Defendant prepared a letter of complaint stating that "B forged an application for insurance contract, which is a private document concerning the rights and obligations under the name of the Defendant, and used 13 private documents, such as an application for insurance contract under the name of the Defendant from around such time to December 24, 2017, and forged and uses such private document." On February 5, 2020, the Defendant submitted a supplementary statement to the public prosecutor's petition office of the Incheon public prosecutor's office located in the Bupyeong-gu Incheon Metropolitan City public prosecutor's office, which is located in 49-ro 163,00,000 in the name of the Defendant, and the police officer in charge was unaware of the fact that B subscribed to or modified multiple insurance contracts under the name of the Defendant, and thus, all relevant documents under the name of the Defendant were forged and punished.

However, the defendant was notified of the subscription and change of subscription of the insurance contract from B in advance, or confirmed all of the contents after obtaining confirmation telephone from the insurance company, and it was not true that B concluded or changed the insurance contract with the defendant as the insured without the consent of the defendant.

Accordingly, the defendant was arrested for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Statement of the police of the suspect interrogation protocol of the defendant as to B's court statement;

1. In relation to the change of the insurance contract, such as the written application for the insurance contract(s) and the investigation report(s)(s)(s)(s).