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(영문) 수원지방법원안산지원 2020.08.26 2020고단973

무고

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 2019, the Defendant prepared a complaint with respect to D and E using Nowon-gu's house located in Yongsan-gu B and C, Goyang-si, Goyang-si, Goyang-si with the following details:

The statement of the complaint is that "the defendant defendant D and E forged a real estate lease contract in the name of the complainant on June 11, 2013 and delivered it to F and exercised by the tenant."

However, the above real estate lease contract was prepared on June 11, 2013 by the delegation of the defendant, and D or E did not arbitrarily forge the real estate lease contract.

Nevertheless, at around 10:00 on November 26, 2019, the Defendant submitted a false statement to a staff member of the Suwon District Prosecutors' Office located in the jurisdiction of the Suwon District Prosecutors' Office, which is located in the 73 House of the member of the Dongsan-si, Ansan-si, as above. On December 16, 2019, the Defendant made a false statement, such as the above written statement, while making a false statement when he/she submitted a false statement to a staff member of the Dongsan-gu Police Station investigation located in the 373 Sinsan-si, the Dongsan-gu, the Dongsan-gu, the 37

As a result, the defendant reported false facts to D and E for the purpose of having them receive criminal punishment.

Summary of Evidence

1. A written complaint filed against the defendant concerning partial statement E of the suspect in the police interrogation protocol;

1. Application of Acts and subordinate statutes to the delegation of a real estate lease contract, receipt, and report on the investigation of details of account transfer (A and the submission of a detailed statement of passbook transaction);

1. Article 156 of the Criminal Act as to the facts constituting the crime;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. All circumstances, such as the fact that there is no conclusive perception that the contents of the petition filed for the reason of sentencing under Article 62(1) of the Criminal Act are false, the complaint filed against the other party is cancelled, the petition is sought and the victim’s misstatement is distorted, and the first crime is committed.