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(영문) 서울서부지방법원 2016.09.02 2016고정377

무고

Text

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

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

Reasons

Punishment of the crime

The defendant is a certified judicial scrivener who operates the "A certified judicial scrivener office" in 605 of the Jung-gu Seoul Metropolitan Government C building.

On March 2015, 2015, the defendant was in the office of the above certified judicial scrivener, the defendant was in the capacity of the complainant, and the defendant was in the capacity of the defendant as the defendant.

The contents of the complaint include: “Defendant D, without obtaining authorization from the complainant on February 19, 2014, prepares a document stating “assumpted (revision) for preservation, registration, remuneration, etc.,” in the name of the complainant without permission, and affixes his/her seal on the name of the complainant, thereby forging and exercising the document in the name of the complainant, and then punishing the accused.”

However, the Defendant received KRW 1.5 million each month from D from October 2004 to February 2015 under the name of a certified judicial scrivener, and granted D the right to conduct registration affairs and affairs incidental thereto in the name of the Defendant using his account and seal in the name of the Defendant with respect to a registration case that he directly accepted to D, so D has the right to prepare and exercise a document stating “a request for preservation registration fee, etc.” using the name of the Defendant.

On March 24, 2015, the Defendant submitted a false complaint to the public service center of the Seoul Western District Public Prosecutor's Office located in Mapo-gu Seoul Mapo-gu, Seoul, for the purpose of having D be subject to criminal punishment.

Accordingly, the defendant raised D's free will.

Summary of Evidence

1. Legal statement of witness D;

1. E statements;

1. A complaint;

1. Cases of claims, such as registration for preservation, remuneration, etc.;

1. Application of Acts and subordinate statutes of the detailed statement of transactions in which D will describe 1.3 million won per month - 1.8 million won per month, and 2.320,000 won at the time of payment of value-added tax;

1. Article 156 of the Criminal Act and the choice of fines concerning the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;