beta
(영문) 서울북부지방법원 2018.05.11 2016고단5814

무고

Text

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

As interest and construction funds on bank obligations, etc. established in the above forest have become insufficient while the Defendant engaged in the business of constructing and selling multi-household housing in the forest and fields of Yangju City, the Defendant proposed to Do that Do, South Korea, “I would have the building later be able to carry out the missionary work by setting up the building later.”

Accordingly, on May 2015, the above D, upon the Defendant’s request from the Defendant, was trying to perform the business of managing the entry and exit of the construction project of this case, and was given a loan of KRW 50,000,000 from the corporate bonds company G as collateral, with the Defendant’s instruction to “a loan to money through a person who knows short of the funds,” and the Defendant trusted the ownership of the forest land in two weeks, the ownership of which was trusted by the Defendant (hereinafter “the forest land of this case”).

Although the defendant was the right to collateral security established on the forest of this case by cancelling the right to collateral security established on the forest of this case and selling it to others at a low price upon the defendant's request, the defendant filed a complaint with the Seongbuk-gu Police Station located in Seongbuk-gu Seoul on October 18, 2016, stating that "D's seal impression which the defendant kept in his custody was stolen and borrowed E's real estate as collateral, so that they would be punished for theft and fraud," and submitted a false statement to the court of Seongbuk-gu in Seongbuk-gu to the effect that "D's seal impression was stolen and borrowed as collateral."

Summary of Evidence

1. Each legal statement of witness D, G, H and I;

1. Investigation report (the attachment of an extract of resident registration submitted by a witness G);

1. Investigation report (to hear statements from a witness J phone and report);

1. Investigation report (Submission of suspect D Bank transaction statement);

1. A's accusation;

1. A certified copy of the real estate registry (F in Gyeonggi-do two weeks);

1. Application for registration of establishment of mortgage;

1. Proxy letter;

1. E certificate of seal imprint;

1. Account transaction statement (Account Number:K) (The core evidence to acknowledge the facts charged of this case is the witness D.