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(영문) 서울동부지방법원 2015.07.09 2014고단3723

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 July 2014, the Defendant had the said attorney-at-law prepare a false complaint against D at the bar office located in the sixth floor of Seocho-gu Seoul Metropolitan Government C building.

The defendant's complaint is that "D, the defendant's complaint, is paid to D by the date of August 25, 2013, separate from the amount of the claim on August 31, 2005, the amount of the claim on August 28, 2005, the amount of KRW 00,000,000 won on May 11, 2006, and KRW 0,000,000,000 on June 14, 2006.

On September 17, 2012, 2012, her husband(A) stated that the agreement was signed by affixing the defendant's seal imprint certificate which was held by an unsatisfying circumstance to the name of the defendant, and then the agreement was forged by affixing it to the name of the defendant. On November 18, 2013, 201, the Seoul Eastern District Court issued D as evidence while filing a lawsuit claiming an agreed amount and shipped D as a crime of forging private documents and uttering of a falsified investigation document, and the fact was written by the defendant at the same time.

Nevertheless, on July 30, 2014, the defendant submitted the above written complaint to an employee who is unable to know the name of the public service center of the Seoul Songpa-dong Seoul Songpa-dong.

In this respect, the defendant was arrested for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Examination of suspect suspect regarding D by the prosecution;

1. A copy of the agreement (as of September 8, 2012), the agreement (as of September 17, 2012), the agreement on the lease of apartment buildings (as of September 17, 2012), the agreement, the agreement on the lease of apartment houses, the judgment of the Seoul East Eastern District Court 2013Kadan59808, the complainant and the criminal suspect's telephone record, the certificate of the payment receipt of apartment management expenses, the application for confirmation of divorce, and the divorce report, respectively;

1. Application of an investigation report (verification of the details of deposits and withdrawals from A accounts for reference) and the current status of deposits and withdrawals, and the details of transactions by period of receipt and withdrawal, to statutes;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;