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(영문) 서울중앙지방법원 2013.06.27 2010고단303

무고

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of a sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 5, 2009, the Defendant prepared a false complaint against C with a view to having C receive criminal punishment.

A written complaint stating that “The complainant (Defendant) did not have an obligation to pay interest on the purchase price of real estate to the Defendant C, and did not have prepared and delivered a document containing an agreement on interest payment under the name of the complainant, the Defendant entered the content that the complainant promised to deposit KRW 48,824,976, December 22, 2008 into the Defendant’s account. The Defendant voluntarily signed the complainant’s signature and forged one copy of the document in the name of the complainant, and then filed a lawsuit claiming the purchase price against the complainant on May 6, 2009. Based on this, the Defendant filed a lawsuit against the Nonparty on May 6, 2009.” Unlike the content of the written complaint, the content of the written complaint stating that “The Defendant’s signature of KRW 48,824,964, on December 22, 2008, was written and delivered to C in the name of the Defendant directly.

Nevertheless, around 11:00 on June 8, 2009, the Defendant received the above written complaint from the Seoul Central District Public Prosecutor's Office in the Seocho-gu Seoul Central Public Prosecutor's Office by mail and filed C with it.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by C of a witness in the fourth trial record;

1. Each protocol of examination of the suspect against the defendant and C by the prosecution (including the substitute part);

1. The police statement of the defendant;

1. A complaint;

1. Written appraisal (No. 14 of the evidence list);

1. Application of forged documents, copies of investigation reports (report attached to documents A by a suspect), application of Acts and subordinate statutes related to principal;

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

1. On the issue of Article 62(1) of the Criminal Code, the Defendant did not state his/her statement of "Deposit D on December 22, 2008" at the end of the document related to the payment of interest (the seventh page of the Investigation Record) and C forged it.