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(영문) 서울중앙지방법원 2016.03.17 2015고단7076

무고

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 2, 2015, the Defendant drafted a false complaint with respect to C and D through B attorney-at-law in B’s office, which is located in the revised Manam-si vibration.

The written complaint was the content that “the complainant C and D, the Defendant’s lawsuit, forged the minutes of a temporary general meeting of shareholders on May 20, 2014 and registered as the resignation of the representative director by using them, and thus, the complainant was punished as an original use of the document of forgery of the private document, the use of the document of investigation, the false entry of the original document of the process, and the exercise of the original document of process

However, the defendant, while running the above C and D Company E (hereinafter "the company of this case") with the above C and D, requested C and D to resign from office of the representative director who will be independent of the company of this case on May 16, 2014, and around May 21, 2014, the defendant sent his seal imprint and certificate to C and D through F of the above employees of the company, and C and D had C registered the resignation of the representative director of the defendant through the minutes of temporary general shareholders' meeting that forged or falsified the above temporary shareholders' meeting. Thus, C and D did not have registered the resignation of the representative director of the defendant through the minutes of temporary shareholders' meeting.

Nevertheless, on February 26, 2015, the Defendant submitted a written complaint to the Seocho Police Station in Seoul, Seocho-gu by mail.

Accordingly, the defendant, C and D, for the purpose of having C and D receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, D, and F;

1. The protocol of interrogation of the suspect against the Defendants by each prosecutor (including the confrontation part)

1. Statement made by the prosecution against the defendant (including the F's statement part);

1. A complaint;

1. Details of dialogue with F, details of dialogue with A, details of dialogue with G, etc., Defendant’s text message, etc. (Evidence Nos. 17);

1. A copy of the investigation report (Attachment of the suspect interrogation protocol of the relevant case) and the suspect interrogation protocol attached thereto (According to each of the above evidence, the defendant is aware that he/she will be used to resign from the representative director of the instant company.