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(영문) 울산지방법원 2014.10.24 2014고단2154

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 7, 2005, the Defendant: (a) filed a lawsuit claiming the payment of KRW 300 million based on the Defendant’s letter of commitment performance as of May 7, 2005, with the intent to avoid the repayment of the agreed amount, and (b) had the intent to make a false accusation with the content of “C forged the letter of commitment performance” with the intent to avoid the repayment of the agreed amount.

On January 7, 2014, the Defendant stated that “A shall pay KRW 300,000 to A4 every month from May 31, 2005 to pay KRW 5,000,000” at the office of the attorney-at-law located in Ulsan-gu, Ulsan-gu, U.S. (hereinafter referred to as “C”) and stated that “A shall pay KRW 300,000,000 to A” in its name and personal information on the borrowing column; after indicating the name and personal information of “A,” affixed the name and personal information of “E” to the joint guarantor column, signed F and E at will on the back to that name; and then, signed and sealed the signature and seal received from A on May 7, 2013; then, on February 7, 2013, the Defendant, upon filing a false complaint with the competent District Court on May 27, 2013, prepared the above 201 of the commitment and submitted the above 201 of the commitment.

However, in fact, around May 2005, the defendant urged C to pay approximately KRW 300 million borrowed from around May 2003 to May 2005, the defendant prepared a letter of performance of the above commitment to his accounting staff, and made F and E sign on the column of joint and several sureties, affixed his own name on the side of his name, affixed his seal, and delivered it to C by stating "A on May 7, 2005" at the bottom.

As a result, the defendant filed a false complaint with C for the purpose of criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. A complaint;

1. The statement of undertaking execution;

1. Application of each statute of appraisal;

1. Criminal facts;