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(영문) 인천지방법원 2016.11.03 2016고단1354

무고등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 7, 2013, the Defendant was sentenced to a suspended sentence of two years in the Incheon District Court for the purpose of fraud. On November 15, 2013, the said judgment became final and conclusive on November 2013.

1. Around 21:00 on May 29, 2012, the Defendant drafted a written complaint against D and E using the written organization at the waiting room of the civil petitioner of the Incheon Southern-dong Police Station located in 668, Nam-dong, Incheon, Nam-gu, Incheon.

The written complaint was that “E, the actual owner of D and E, the vehicle with the vehicle with the driver on November 25, 2010, sold FMW X6 vehicles to the complainant, and in fact, the said vehicle was flooded and disposed of by hand, and the engine and the remainder were not able to accept the guarantee in BMW A/S, but it was sold by deceiving the complainant as if the vehicle was an accident without notice.”

However, in fact, the Defendant was well aware of the foregoing facts by G delegated by D and E at the time of the purchase of the above vehicle.

Nevertheless, at around 21:00 on May 29, 2012, the Defendant submitted a false statement to the police officer under his/her name in order to obtain criminal punishment against D and E in the above waiting room, and filed a false statement to D and E, respectively.

2. At around 14:00 on April 15, 2013, the Defendant was present at the court of Incheon District Court No. 316, which was located in the Nam-gu Incheon Metropolitan City, as a witness of the Defendant’s fraud case with respect to the above court No. 2012 Godan1144, and took an oath.