beta
(영문) 서울남부지방법원 2016.08.11 2015고단4250

무고

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Around December 5, 2014, the Defendant drafted a false complaint against the Yangcheon-gu Seoul Metropolitan Government C, No. 302, and D.

The contents of the complaint include "A and B, before the name of the defendant, stolen one copy of the certificate of personal seal impression owned by the defendant (E) and one driver's license of the motor vehicle in February 2014. On December 20, 2013, when entering into a contract to purchase benz motor vehicles, the defendant's name was written voluntarily in the column of the contractor's name and signed. On February 24, 2014, when entering into the contract to purchase benz motor vehicle lease contract, the defendant's name (E) was written in the column of the lessee's name was written in the contract, and then the defendant's seal was written in the column of the lessee's name was written in his/her own seal, and the fact that the defendant allowed the above D to use the certificate of personal seal impression, the driver's license of the motor vehicle, and purchase and lease the motor vehicle in the name of the defendant."

Nevertheless, on December 5, 2014, the Defendant submitted the above written complaint to G Inspector on G from Gwangjin-gu Police Station F, which is located in the light of the game.

Accordingly, the defendant had the above D without the purpose of having the D receive criminal punishment.

Summary of Evidence

1. Each legal statement of witness D, H and I;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of suspects of D;

1. Each police statement made to the defendant or J;

1. Application of Acts and subordinate statutes to accusation, copy of vehicle lease contract, copy of seal imprint certificate, copy of automobile trade contract, and copy of loan contract;

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, on the grounds of sentencing Article 62-2 of the Social Service Order Criminal Act, issued to D a certificate of personal seal impression and various certificates issued by him/her at the time of a sales contract for the instant vehicle, lease contract, and directly accompanied by the vehicle security loan.