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(영문) 대전지방법원 천안지원 2019.03.15 2018고단2440

무고

Text

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

Reasons

Punishment of the crime

[Basic Facts] The Defendant purchased Twitlers, etc. by lending money from B from around 2010 to around 2013, and prepared a loan certificate to the effect that B borrowed KRW 70,000 to B at the request of B on June 24, 2012. After the conclusion with B, B filed a claim for a loan loan with the Daejeon District Court on January 25, 2018 based on the above loan certificate, and B filed a lawsuit with the Daejeon District Court on January 25, 2018, and subsequently, B was subject to criminal punishment and filed a civil lawsuit for the purpose of winning the above civil trial.

【Criminal Facts】

Around April 10, 2018, the Defendant submitted a written complaint to the Asan Police Station located in the Asan-si, Asan-si, Asan-si, a hot spring, and the facts are as above, despite that the Defendant prepared a letter of loan to B, the Defendant made a false statement to the effect that “B prepared and forged the above certificate of loan without the consent of the Defendant, and filed a lawsuit against the Defendant at the Daejeon District Court, Daejeon District Court, on January 25, 2018, the Defendant sent the forged certificate of loan to the official in charge of the public service of the above court-petition who is aware of the fact that B would be punished for forgery of private documents, uttering of the above investigation document, and fraud.” On May 4, 2018, the Defendant submitted the letter of complaint to the official in charge of the public service center of the Isan-si, a false statement to the effect that “B would be punished for forgery of private documents, use of the above certificate of loan, and made a statement to the police officer in charge of the case at issue.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Protocol concerning the examination of suspect B (including the part concerning the statement of the accused);

1. Statement of the police statement of the defendant;

1. Complaints of the accused;

1. A written appraisal;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Article 156 of the Criminal Act applicable to the crime, Article 156 of the Criminal Act, the defendant chosen to imprisonment and his defense counsel, and the defendant.

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