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(영문) 광주지방법원 2016.03.30 2015고단4480

무고

Text

The punishment of the accused shall be determined by six months of imprisonment.

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

Reasons

Punishment of the crime

On May 20, 2015, the defendant prepared a written complaint about E at a certified judicial scrivener office that does not know the name of D in Gwangju Dong-gu, Gwangju.

The contents of the complaint include: “Defendant Nonparty E, in preparing a real estate lease agreement on the building in the Dong-gu, Gwangju-si, entered the name, resident registration number, and address of the complainant in the lessee column, and forged one copy of the real estate lease agreement in the name of the complainant, and forged two copies of the application form with the name, resident registration number, address, etc. stated in the applicant column of the new application form for admission by KT Telecommunications, and submitted two copies of the application form to an employee in the name of the complainant who was unaware of the fact, and submitted two copies of the application form in the name of the complainant to use the phone in the name of the complainant.”

However, the above real estate lease agreement was prepared by E with the consent of the defendant, and the above telephone was opened to the employee in charge of KT by the defendant with the consent of the defendant, and thus, the real estate lease agreement or the new application for KT telephone was not forged.

Nevertheless, the defendant filed a false complaint with the aim of having E receive criminal punishment by submitting the above false complaint to an employee who is unable to know his/her name at the public prosecutor's office of Gwangju Dong-dong's office located in Gwangju Dong-dong on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of E and G;

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

1. A protocol concerning the examination of suspect of the defendant;

1. Statement made by the prosecution against the defendant;

1. A protocol concerning the interrogation of suspects of E;

1. A complaint;

1. A real estate lease agreement;

1. In the case of a real estate lease contract, the defendant and his/her defense counsel argued that he/she has forged the lease contract with the defendant as the lessee without the consent of the defendant, but the evidence and the above mentioned items are stated.