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(영문) 서울북부지방법원 2016.05.13 2015고단2157

무고

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 2, 2006, the Defendant: (a) made a lease agreement between D and D around December 2, 2006, under the name of D and D, with the deposit of KRW 45 million for the FJ No. 6 of the Seoul Northern District Court of Gangnam-gu, Seoul; (b) leased the above FM No. 1 floor 6; and (c) filed a lawsuit claiming the return of the lease deposit with the said D around October 2008, by returning the deposit of KRW 45 million against the said D to the Seoul Northern District Court.

However, on November 30, 2010, when the defendant paid D only KRW 7 million out of the above KRW 45 million, and did not have paid the remainder, the above court rendered a judgment against D on November 30, 2010 that it returned only KRW 7 million to the defendant, the defendant was willing to write down and withdraw false sources of funds and file a false criminal lawsuit against D.

Accordingly, the Defendant, even though the Defendant and G had not resided in H management’s housing, filed a false assertion that the Defendant resided in the said housing and paid D the lease deposit of KRW 25 million with H, and the Defendant and G were false in the name of G, who submitted a false statement stating that “The Defendant and G resided in H from one another in H’s house,” to the appellate court as evidence in civil trial, and received a favorable judgment on January 18, 2013 at the Seoul Northern District Court.

B. On April 15, 2014, the Defendant appeared at the Seoul Northern District Public Prosecutor's Office located in Dobong-gu Seoul Metropolitan Government, and D, on October 23, 2013, the Seoul Northern District Public Prosecutor's Office (hereinafter referred to as "Seoul Northern District Public Prosecutor's Office") issued a false complaint stating the purport that "D shall be punished for fraud and non-performance," and that "D shall be punished for fraud and non-performance," and the Defendant shall be present at the 1092 Criminal Trial on October 23, 2013, the Seoul Northern District Public Prosecutor's Office (hereinafter referred to as "Seoul Northern District Public Prosecutor's Office") provided false testimony that the Defendant was not fully paid KRW 45 million, and the Defendant shall be punished for fraud and non-performance."

In the end, the defendant is subject to criminal punishment against D in the same way.