beta
(영문) 대구지방법원 경주지원 2017.01.18 2016고단129

무고

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a defective guarantor of the remaining construction of the building in the north-gu Seoul Metropolitan City (hereinafter referred to as the “this construction”), a person who subcontracted the construction of the building in the above construction with the contractor D, and D entered into a contract with the project owner E and the contractor who performs the construction in this case, and E is the owner of the building in this case.

Around April 2015, the Defendant filed a civil suit with the owner E to the effect that the construction is delayed due to the failure of completion of the construction work within the construction period, and that the Defendant’s real estate owned by the Defendant was provisionally seized, the Defendant filed a false complaint with the owner E to the effect that “each of the warranty certificates of the D Construction” was forged to exempt the liability for the said guarantee.

On December 1, 2015, the Defendant drafted a false complaint against D using a computer located therein at the office of “G” operated by the friendship-gu F in South-gu, Nam-gu.

A written complaint stating that “Defendant D, a debtor, shall prepare the rate of delayed payment of the construction work, the period of warranty against defects, and the rate of warranty against defects” under the title of “A” around September 2014, and “A shall be responsible for all damages incurred due to the contractor’s failure to comply with the terms and conditions of the contract and inappropriate construction,” and then written in the column of “A” and kept at will nextly.

A’s seal affixed and forged one copy of each letter of warranty in the name of A, and delivered it to E to the owner, and thus punished.” In fact, D, in consultation with the defendant, shall prepare each letter of warranty by directly receiving relevant documents, such as the defendant’s seal imprint, the defendant’s seal imprint certificate, and the seal imprint certificate.