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(영문) 대구지방법원 2014.05.22 2014고단1714

무고

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On May 28, 2013, the Defendant received the written complaint against B to the Daegu Southern Police Station, and on June 27, 2013, the Defendant made a statement to supplement the written complaint at the investigation and office of the said police station.

The purpose of the complaint was that "B arbitrarily abused the seal imprint of C and prepares a notarial deed with the content that C as a debtor and B as a creditor by stealing C's seal imprint."

However, according to the fact that the defendant bears approximately KRW 86890,00 against B, it was permitted to prepare a notarial deed in which the defendant's management corporation C as the debtor is a security against the above obligation.

In this respect, the defendant did not appeal B for the purpose of having B receive criminal disposition.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning B (including the part concerning the defendant's statement);

1. Statement of the police statement of the defendant;

1. A complaint;

1. Details, notes, notices, and books of transactions;

1. A criminal investigation report (recording a record as to whether an complainant related to the preparation of a notarial deed consents);

1. Application of Acts and subordinate statutes to notarial deeds (limited to a debtor as A);

1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the selection of punishment;

1. Articles 157, 153, and 55 (1) 6 (Confession) of the Criminal Act, which are statutory mitigation;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.