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(영문) 대전지방법원 2014.01.22 2013고정211

무고

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 4, 2010, the Defendant was sentenced to six months of imprisonment with prison labor at Daejeon District Court on February 12, 2010, which became final and conclusive on February 12, 2010.

The defendants were married with C in law.

On December 24, 2007, the defendant agreed to change the DNA high-priced vehicle into the joint name of the defendant within the registration office of the vehicle located in Daejeon Jung-gu, Daejeon.

Nevertheless, on May 23, 2012, the Defendant filed a false complaint with the Daejeon District Prosecutors’ Office, located in Seo-gu, Seo-gu, Daejeon, Daejeon, stating that “C brought the Defendant’s seal to the Defendant, entered the name of the said vehicle into the name of the Defendant, and then forged a private document by signing and sealing the Defendant’s signature and seal,” at the Daejeon District Prosecutors’ Office, which is located in Seo-gu, Daejeon, Daejeon, without the Defendant’s consent.

Summary of Evidence

1. Each legal statement of witness C and E;

1. Statement to C by the police;

1. Copy of the statement of witness to E;

1. E-fact confirmations;

1. Protocol of the registration of automobiles;

1. Certificate of automobile transfer;

1. Previouss before ruling: Criminal history records, the Konet case search which is bound to the trial records, and the application of statutes on judgment;

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

1. Selection of an alternative fine for punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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