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(영문) 수원지방법원 안산지원 2016.08.19 2016고정599

무고

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant was a person who was in the same workplace with C.

On October 7, 2015, the defendant prepared a written complaint against C using a computer for the purpose of having C receive criminal punishment at the office of a certified judicial scrivener in Ansan-si located in Ansan-si.

Around October 15, 2014, Defendant C borrowed KRW 3 million from Kanation Loan Co., Ltd. located in Samsung Samsung-dong, Gangnam-gu, Seoul, and forged a joint and several surety contract in the name of the complainant and submitted it to its employee without permission of the complainant, and forged a joint and several surety contract in the name of the complainant, Seoul, Seocho-gu, Seoul, with a loan of KRW 5 million from Lee Dong-ho, Co., Ltd. located in the center of Seocho-gu, Seoul, and forged a joint and several surety contract without permission of the complainant and shipped it to its employee, and the fact that C prepares a joint and several surety contract in the name of the defendant with permission of the defendant.

Nevertheless, on October 15, 2015, the Defendant submitted a false complaint to the police officer in charge at the public service center of the Ansan-gu Police Station public office of the Ansan-gu, the 10th day of Ansan-si.

Accordingly, the defendant reported false facts to the investigation agency, thereby making C free of charge.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Investigation report (the details of recording of currency for joint and several sureties with each lending company and complainant);

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 156 of the Criminal Act applicable to the crime and Article 156 of the Selection of Punishment Act;

1. Articles 157, 153, and 55 (1) 6 of the Criminal Act to be mitigated by law;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;