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(영문) 수원지방법원 성남지원 2016.10.28 2016고단1625

무고

Text

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

except that 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 July 28, 2015, the defendant prepared a false complaint against D using a computer in the dwelling area of the defendant in Songpa-gu Seoul Metropolitan Government.

The gist of the complaint is that "The defendant-appellant D has not lent eight million won to the complainant, but in collusion with E and F, filed an application for provisional seizure of the leased deposit claim against the complainant E as if the borrower had a claim for the borrowed money, and used it to collect the claim."

On July 28, 2015, the Defendant submitted the above written complaint to police officers whose name is not known at the request of the public service center of the Songpa Police Station located in Songpa-gu, Songpa-gu, Seoul. On the same day, the Defendant made a supplementary statement to the purport as above. On September 30, 2015, the Defendant submitted an appeal to the purport that D would be punished because he/she engages in collecting false claims at the Gyeonggi-gu Seoul Metropolitan Government Police Station No. 10-ro 2-ro, Sungnam-gu, Sungnam-gu, Gyeonggi-do. On September 30, 2015. On June 7, 2016, the Defendant made a statement to the purport as above at the Sungnam branch of the public service center of the Suwon Police Station located in Suwon-gu, Sungnam-gu, Gyeonggi-do.

However, on July 27, 2013, when the Defendant leased the G church building in Seongbuk-gu, Sungnam-gu, Seoul Special Metropolitan City, the amount of KRW 28 million out of the deposit is insufficient, the Defendant loaned the deposit amount of KRW 8 million from the immediately preceding lessee D to prepare a loan certificate to D after paying the deposit amount of KRW 8 million. Since the Defendant failed to pay the above KRW 8 million, D provisionally seized the Defendant’s claim for the return of the deposit amount of KRW 8 million on July 10, 2015, and on July 29, 2015, the Defendant filed a lawsuit for the return of the deposit amount of KRW 8 million and the judgment was finalized on May 19, 2016. < Amended by Presidential Decree No. 26814, Jun. 15, 2016>

Accordingly, the defendant is against public offices for the purpose of having D punished criminal punishment.