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(영문) 광주지방법원 2016.02.17 2015고정1652

무고

Text

The sentence against the accused shall be determined by a fine of one million won.

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

Reasons

Punishment of the crime

On June 30, 2015, the Defendant prepared a complaint and submitted it to the public service center of the Seo-gu Seoul Seo-dong Police Station, which is located in Seo-gu, Seo-gu, Gwangju, the Defendant: “B, on June 9, 2015, issued a certificate of vehicle transfer under the name of the complainant, and thus punished.”

However, the defendant agreed to prepare documents necessary for the transfer of the above car in the name of corporation D operated by B in order to facilitate the consignment sale of the car owned by the defendant while requesting the consignment sale of the car owned by the defendant, and the defendant only prepared the automobile transfer certificate in the name of the defendant with the above defendant's consent, and there was no forgery of the automobile transfer certificate in the name of the defendant.

Accordingly, the defendant reported false facts to the public official for the purpose of having the public official B receive criminal punishment.

Summary of Evidence

1. Legal statement of the witness B;

1. Application of the statutes in which a copy of a certificate of seal imprint (10 pages of investigation records) is recorded;

1. Article 156 of the Criminal Act applicable to the crime and Article 156 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;