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(영문) 전주지방법원 정읍지원 2016.11.17 2016고단180

무고

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 January 2015, the defendant prepared a false complaint against D using a computer in the dwelling area of the defendant in North Korea-gun C.

The written complaint states that "The defendant shall make a pre-sale agreement on the land owned by the defendant Eul and the complainant owned 1/2 shares, and the F-owned land owned by the complainant was stamped on the confirmation document for the pre-sale promise. However, the defendant's representative for the establishment of the right to collateral security and the written contract for the establishment of the right to collateral security was forged by using the written confirmation document, and the establishment of the right to collateral security without the complainant's consent, so the defendant's defendant's complaint is punished as the crime of forging private document." The defendant's consent to the above land at the cycle of establishing the right to collateral security and affixed a f-owned seal directly on the confirmation document for the establishment of the right to collateral security, and accordingly D set up the right to collateral security on the above land.

Nevertheless, on May 2015, the Defendant submitted the above complaint to the police officer who is unable to know his name in the public service center of the House Police Station in the 33th place of the same military base as the early police officer.

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

Summary of Evidence

1. Legal statement of witness D, G and H;

1. Examination protocol of the accused by prosecution;

1. Copy of a contract to establish a collateral security, power of attorney, copy of confirmation document, copy of a certificate of seal impression, or copy of an application for registration of creation of collateral security;

1. A certified copy of each register;

1. A written appraisal;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;

1. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. The summary of the assertion is as follows: (a) the Defendant entered into a pre-sale agreement with D on the land of this case; and (b) to prepare documents necessary for the receipt of registration at the International Certified Judicial Scriveners Office located in the Danan-gun, Jeonbuk-gun.