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(영문) 전주지방법원 2016.10.18 2016고정571

무고

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 2, 2014, the Defendant drafted a false written complaint against C with the intent of having C receive criminal punishment. The written complaint states, “Around March 2013, the Defendant prepared a loan document, such as installment financing and misleading agreement (application) to the effect that C, the Defendant, without the consent of the complainant, applies for a loan equivalent to KRW 87 million from the nonSP Capital Co., Ltd. to the obligor and the complainant as the obligor, and sold the document to the said company. Therefore, it would be punished as forgery of the private document and uttering of the falsified document.”

However, the facts were that C prepared a loan document under the name of the defendant and submitted to the lending company with the consent of the defendant.

On February 10, 2014, on the ground that C does not repay the principal and interest of the Defendant’s loan to the obligor, the Defendant received the above written complaint from the Jeonju District Prosecutors’ Office.

Summary of Evidence

1. Legal statement of witness C and D;

1. Examination protocol of the accused by the prosecution (including the C’s statement part);

1. Copy of the protocol of examination of suspect C by the prosecution;

1. A copy of the police statement of the defendant, E, or D;

1. A copy of investigation report (a copy of the record of telephone conversations between the staff members of the A and BS Capital, a report accompanied by a recording file, and a criminal investigation report (A's attachment to the judgment of the first instance court and a report on the status of progress);

1. Application of Acts and subordinate statutes to the copies of accusations No. 2016-type 3035;

1. Relevant laws and Articles 156 of the Criminal Act concerning facts constituting an offense;

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;