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(영문) 인천지방법원 2018.10.24 2018고단6376

무고

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 13, 2017, the Defendant prepared a false complaint with respect to D and E using a computer for the purpose of having D and E receive criminal punishment at the Incheon District Public Prosecutor's Office of Public Prosecutor's Office located in 49 Doo-ro, 163, Incheon Michuhol-gu, Incheon, Incheon, for the purpose of having D and E receive criminal punishment.

Around November 12, 2014, the contents of the written complaint should be sold to the Defendant E, a Defendant E, to the wife F, and multi-household housing in the Incheon Cheongjin-gun, Incheon, which was trusted under the name of the complainant. Since each number of persons was changed, the complainant’s certificate and seal impression certificate and identification card are different, and the Defendant E, a small-scale Plaintiff, trusted the Defendant E, a child-friendly, and made a registration of a false mortgage on November 24, 2016 using these documents, and around November 13, 2014, the Defendant E, a small-scale, established the Incheon District Court’s application for auction by using the documents of this case, H 31 square meters in forest and 105 square meters in I forest and forest owned by the Defendant, the Defendant, and the creditor as the Defendant D, with the maximum amount of claims KRW 32 million.

However, the Defendant was directly aware of the confirmation document necessary for applying for registration of the establishment of the right to collateral security by permitting the registration of the establishment of the right to collateral security with regard to the forest of this case.

Nevertheless, the defendant submitted to the Incheon District Public Prosecutor's Office a letter of complaint containing false facts in order to interfere with the voluntary auction upon the registration of the establishment of the right to collateral security on the forest of this case.

Accordingly, the defendant reported false facts to public offices and made a false accusation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Application of Acts and subordinate statutes to a complaint, an application for registration of establishment of a right to collateral security, an application for registration of a fee, a receipt, confirmation of payment of acquisition tax, proxy certificate

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 157, 153, and 55(1) of the Criminal Act for statutory mitigation.