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(영문) 서울서부지방법원 2016.03.25 2015고단1576

무고

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 15, 2009, the Defendant borrowed KRW 17,000,00 from E for the purpose of operating the restaurant under the name of ASEAN, including the lease deposit, in order to lease the restaurant of 1st floor C in the name of ASEAN, and created a promissory note with D along with D. However, upon receiving a request for payment order from E to the effect that the Defendant would pay the said amount as D’s debt, he/she did not pay the said amount thereafter, and the Defendant was dissatisfied with the Seoul Western District Court Decision 2013Ga 89430 decided December 9, 2014.

Therefore, in order to avoid payment, the Defendant had expressed a false accusation that the name, promissory note, and rental agreement submitted by F as evidentiary materials in the above lawsuit was forged.

On January 9, 2015, as Mapo-gu Seoul Mapo-gu, the Defendant submitted a false complaint to E at the 174 Seoul Western District Public Prosecutor's Office.

The complaint is filed in the name of the issuer A and the agent A with respect to the Promissory Notes in which E, an employee of the lending company, forged and uses a letter of delegation in the name of the issuer A and A, and submitted to the Jung-gu District Court a package of delegation at the request of the payment order for the said Promissory Notes. The letter of delegation in the name of the issuer D and the amount paid, forged one letter of delegation in the name of the issuer D and D, and forged one copy of the lease agreement in the name of the lender (State) representative consignee and lessee D, and subsequently submitted it to the Seoul Western District Court upon filing an application for payment order for the said Promissory Notes.

“” includes the content.

However, on October 15, 2009, the Defendant borrowed KRW 17,000,000 from E to E for the purpose of operating a restaurant, from E, the Defendant received KRW 7,000,000 from E to E for the purpose of transferring the property to the lessor’s account, and the Defendant received KRW 7,000,000 in cash, and the Defendant received KRW 7,000 from E for the purpose of transferring the property to the lessor’s account, and one chapter of the lease agreement in the name of the consignor and D.