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(영문) 춘천지방법원 2015.06.04 2014고단1255

무고

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On May 7, 2014, the defendant prepared a written complaint against C at the office of a certified judicial scrivener with mutual incompetence located in Gangwon-do.

The complaint is that "C has forged cash receipts in the name of the complainant (defendant) and shipped them into evidence in a lawsuit for termination of provisional attachment against C's real estate."

However, on January 8, 2014, the Defendant received loans from C at the Defendant’s home located in Gangwon-do, Gangwon-do, and directly prepared the above Cash Receipt.

Nevertheless, on May 9, 2014, the Defendant sent and received the above written complaint by registered mail to the public service center of the human police station located in the Gangwon-do Incheon-gun, Gangwon-do, and on May 20, 2014, the Defendant made a supplementary statement on the charge that C forged and uses private documents to the investigation of the Human Police Station and the intelligence team guards E.

Accordingly, the defendant reported false facts to public officials for the purpose of having C receive criminal punishment.

Summary of Evidence

1. A complaint;

1. Copies of cash receipts;

1. Each police statement of the defendant;

1. A copy of a letter of payment;

1. Police suspect interrogation protocol regarding C;

1. Statement of reply to original written appraisal by the State;

1. A written objection against provisional seizure;

1. A reply;

1. A written appraisal;

1. Court rulings (Chuncheon District Court Decision 2014Kadan4371 case); and

1. A certificate of borrowing (a certificate of borrowing drawn up between the defendant and C on December 22, 2009);

1. Application of Acts and subordinate statutes to the certified copy of the register (register of buildings owned by F C in the Dogwon-gun);

1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances in light of the reasons for sentencing);

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 62-2 of the Social Service Order Act

1. The defendant and his defense counsel asserted that the defendant did not have prepared the cash receipts as decided by the defendant and C has forged the above cash receipts.

2. The following facts are acknowledged according to the above evidence.

(a) the defendant;