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(영문) 대구지방법원 2013.03.15 2012고정3914

무고등

Text

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

Where the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On February 16, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Financial Investment Services and Capital Markets Act, etc. at the Daegu District Court on February 16, 2012.

At around 11:00 on March 18, 201, the Defendant conspired to make a false complaint and a false report to the effect that the copy of the household check presented for payment was modified by altering the family check, even though the payment date of the household check was not changed, in order to prevent the payment of five copies (F-G par value KRW KRW 3 million) of the household check issued by B and delivered by B to E on March 18, 2011 at B offices located in Busan, Busan, Busan, the Defendant made a false complaint and a false report to the effect that the payment date of the household check was changed.

Thus, around 12:00 on March 18, 201, the Defendant issued a copy of the household check issued and reproduced by B at his office located in Busan Metropolitan City, with five copies of the household check issued and reproduced on March 28, 2011, and then submitted five copies of the household check issued and reproduced on March 28, 201, to the public service center of the same police station located in Busan Metropolitan City, and the same day, at around 14:00 on March 18, 201, the Defendant submitted five copies of the household check issued and copied by B, and submitted five copies of the altered household check to the effect that “E issued and altered the date of the above household check.” On the same day, around 16:00 on the same day, the Defendant submitted five copies of the revised household check to the public service center of the same police station that is located in Busan Metropolitan City, and submitted the false report and the false report receipt.

Accordingly, the Defendant, in collusion with B and C, altered five copies of the household check, which is a private document in the name of B related to the proof of fact without authority, and exercised it, and made a false report to the financial institution.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning B and C;

1. A criminal investigation report (Attachment of related data);

1. A complaint;