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(영문) 대구지방법원 상주지원 2016.05.24 2016고정30

무고

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 28, 2014, the Defendant submitted a false complaint to the public service offices of the public prosecutor's office located in Daegu District Public Prosecutor's Office located in North 17-9, Northern-ro, 17-9, and that "C, while filing a civil suit against the Defendant, submitted a false complaint stating that "C, while filing a civil suit against the Defendant, has sold forged loan certificates to the court, punished C as a crime of gambling in the investigation document."

However, C did not submit to the court the forged loan certificate, since C did not have any forged as it was a loan certificate which was directly prepared by the Defendant in the course of filing a claim for the amount of the loan to the Defendant.

In this respect, the defendant did not appeal C.

Summary of Evidence

1. The part of the defendant's legal statement and the part of the suspect interrogation protocol of the prosecutorial police for the defendant ( although there is any fact that the defendant prepared a loan certificate to D, the loan certificate submitted by C in the course of a lawsuit shall be deemed to have been forged or altered depending on the paper and paper different from the loan certificate prepared by C);

1. Statement made by the police with respect to C (the purport that the complaint was filed without prejudice to the written appraisal, that the request for re-examination was made even if the result of the written appraisal had been found, and that the complaint was not withdrawn until the end);

1. A copy of the petition of appeal, a copy of the written appraisal (written appraisal), a copy of the application for modification of the petition of appeal, a copy of the prepared document, a copy of the loan certificate submitted by the complainant, a photograph of the original copy of the case, a transfer of each case, a criminal investigation report (a copy of the document No. 23240, 2014, accompanied by the copy of the document No. 23240, 2014, 2015, 2015, 2015, 202, attached

However, in full view of the above evidence, the defendant filed a complaint with the purport that C has forged it solely on the ground that the paper or the pen was different from the previous loan certificate prepared by the principal, while recognizing the fact that the defendant had prepared the same loan certificate as D in the past. The result of the written appraisal is written by the defendant.