무고
A defendant shall be punished by imprisonment for not more than ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On December 16, 2011, the Defendant agreed to sell C bonds from an unauthorized ground building installed on Pyeongtaek-si D 165 square meters and above forest owned by the Defendant on the purchase price of KRW 25 million. In other words, the Defendant prepared a real estate sales contract (hereinafter “instant contract”) on the following content: (a) while refusing to file a claim for ownership transfer registration against C while C filed a lawsuit against the Defendant claiming ownership transfer registration of forest land and building on the land, C filed a lawsuit against the Defendant for ownership transfer registration of the said forest and land; and (b) was willing to file a false complaint against C with the purport that C forged forged the instant contract in order to win the said lawsuit.
On March 13, 2012, the Defendant had E prepare a false complaint with respect to C using a computer.
The gist of the accusation is that “A has no record of preparing the instant contract with C, and C has filed a lawsuit to a court by forging the instant contract, and thus punished for fraud,” or that “A has no record of forging the instant contract.” In fact, “A has prepared the instant contract under an agreement with the Defendant, but did not have forged the instant contract.”
Nevertheless, on March 13, 2012, the Defendant had E submit the above written complaint to the police officer who is unable to know his name at the public service center of the Pyeongtaek-si Police Station in Pyeongtaek-dong 619, Pyeongtaek-dong.
As a result, the defendant was arrested for the purpose of having C receive criminal punishment.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the examination of the accused by the prosecution (including part concerning the C substitution);
1. Statement to C by the police;
1. Complaint;
1. Application of Acts and subordinate statutes confirming facts
1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;
1. Articles 157, 153, and 55 (1) 3 (Confession) of the Criminal Act, which are statutory mitigation;
1. Article 62 of the Criminal Act: