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(영문) 청주지방법원 2018.09.13 2017고단1810

무고

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, 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 December 2, 2016, the Defendant prepared a false complaint with respect to E and F using computers for the purpose of having the E and F receive criminal punishment from the Defendant’s house located in the Nam-gu Incheon Metropolitan Government D building 306.

A written complaint states that “Defendant E established a right to collateral security on real estate under the name of the complainant (Defendant) without the consent of the complainant and used it with a loan of KRW 250 million from Defendant F, which shall be punished for fraud.” In fact, the Defendant agreed to establish a right to collateral security and borrow a share of 1/4 of the Seoul Seongbuk-gu Real Estate’s “H” owned by Defendant E in order to use her mother as litigation expenses, etc.

Nevertheless, on January 3, 2017, the Defendant submitted the above written complaint by mail to the Cheongju District Public Prosecutor's Office located in the Cheongju District Public Prosecutor's Office located in 51, Seo-gu, Seo-gu, Seog-gu, Seo-gu, Seo-gu, Seo-gu, 70, 70, and on March 27, 2017, at the investigation office and office of the above Cheongju District Public Prosecutor's Office, the Defendant made a statement that “The Defendant E established the share of real estate in the name of the complainant (Defendant) and borrowed KRW 250,000,000 from F, who was the Defendant, without giving explanation that it was a contract for the establishment of collateral security and a loan deed, and made a statement that “The Defendant Nonparty would be punished for fraud.”

Summary of Evidence

1. Legal statement of E;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Partial statement in the report of recording recording;

1. Complaint;

1. A certificate of all registered matters;

1. A written confirmation, statement, certificate of delegation, certificate of borrowed money, contract for establishment of a right to collateral security, confirmation of facts, and power of attorney;

1. Application of Acts and subordinate statutes to each receipt, receipt for tax payment, receipt for national tax payment, remittance, and conciliation protocol;

1. Article 156 of the Criminal Act concerning the facts constituting an offense;

1. Trade name;

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