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(영문) 서울북부지방법원 2013.11.07 2012고정3339

무고

Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Around February 23, 2012, the Defendant: (a) requested C law office to appear at the Dobong Police Station civil petition office in Dobong-gu Seoul Metropolitan Government, and “A, a complainant, has consented to development activities on the 1,000 square meters of land owned by the complainant and has completed development and has received the price from the complainant for KRW 300 million; (b) the Defendant sold the purchased land to a third party without registering the transfer under his/her name; and (c) subsequently, submitted a written complaint to the effect that “A, the complainant, was punished because he/she forged the power of attorney in relation to the development of the land, etc.” (hereinafter “C law office”), and (d) on March 21, 2012, was present at the Dobong Police Station Economic1 Team in Dobong-gu, Seoul, and sold the aggregate of KRW 1,000,000 won of land owned by the complainant, but the complainant was delegated to the third party to the Defendant’s land purchase permit, but did not request the third party to exercise the right of the construction permit.”

However, there was a fact that the defendant did not directly sell the above E and four parcels of forest land to D, but delegated the development and sale of the housing site to D, and the construction permit for F and G forest land was delegated to D.

Nevertheless, the defendant filed a complaint against D with the above false facts for the purpose of having D criminal punishment.

Summary of Evidence

1. Each legal statement of witness D, H, I, and J, and part of K’s legal statement;

1. Part of the defendant's statement and D's statement among the first interrogation protocol of the defendant against the defendant in the prosecution, and part of D and H among the second interrogation protocol of the defendant in the prosecution against the defendant

1. Each police suspect interrogation protocol concerning D (including the statements made by J, I, L, and K among the second suspect interrogation protocol) ;

1. L, A,.