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(영문) 울산지방법원 2020.01.10 2019고단2788

무고

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 11, 2014, the Defendant created a right to collateral security under the name of the Defendant with the maximum debt amount of KRW 350 million in the land and building in Ulsan-gu, Ulsan-gu, Seoul-do.

On January 2016, the Defendant made a false complaint with respect to B at the E General Law Office located in Ulsan-gu, Ulsan-gu, Seoul-do.

A written complaint states, on April 23, 2015, "B forged the certificate of termination of the right to collateral security under the name of the defendant, submitted a forged certificate of termination to apply for registration of cancellation of the right to collateral security on land and buildings in Ulsan-gu C, Ulsan-gu, and had a registered official, who is not aware of the fact, make a registration of cancellation of the right to collateral security, enter false facts in the building register which is the original copy of the notarial deed. B is punished for forgery of private documents, uttering of the notarial deed, fraudulent entry of the original copy of the notarial deed, and uttering of the original copy of the notarial deed."

However, at the time of the establishment of the above right to collateral security, the Defendant delegated the procedure related to registration of cancellation of the right to collateral security to B by issuing a seal imprint certificate and a certificate of personal seal impression necessary for registration of cancellation of the right to collateral security. B did not forge the document of cancellation of the right to collateral security with the Defendant’s consent, and B did not have any fact of having the Defendant enter false facts in

Nevertheless, on January 18, 2016, the defendant submitted the above complaint to the police officer who is not able to know his name in the public service center of the Ulsan Southern Police Station.

Accordingly, the defendant was arrested for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A written decision not to institute a prosecution, a written complaint (No. 16), a full certificate of registered matters;

1. To submit an investigation report (as to the reasons for establishing a collateral security), a copy of the decision of the Busan High Court, a copy of the decision of the Ulsan District Court, and the complainant of the investigation report; and