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(영문) 의정부지방법원 2018.10.10 2018고단1840

무고

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 5, 2017, the Defendant entered into a sales contract with B on December 1, 2008 and B on December 1, 2008, and paid the full amount of the purchase price. The Defendant paid the full amount of the purchase price.

On March 2015, B, even if the land of this case was sold to another person, B purchased the land of this case from the Defendant even though it was not intended to pay the price to the Defendant, and sold to another person and paid 286 million won for the re-purchase of this case with the purchase price.

The Defendant submitted a written complaint stating that “the money was acquired through deception by deceiving the Defendant by allowing the Defendant to dispose of this case’s land.” On August 4, 2017, the Defendant made a statement to the same effect as slope E in the Gyeonggi-do Police Station investigation and the D Team office office.

However, the defendant submitted a false complaint and made a false statement to B for the purpose of criminal punishment of B even though he did not prepare a contract with B as above and paid the purchase price to B.

Summary of Evidence

1. Legal statement of the witness B;

1. Statement made by the police against the defendant;

1. A protocol concerning the examination of suspect B by each prosecutor;

1. Investigation reports (informating with countries and results of a written appraisal response), replys to requests for appraisal, written appraisal, and appraisal articles;

1. Application of Acts and subordinate statutes to filing a complaint, a real estate transaction agreement, a full certificate of registered matters (C), a certificate of registration right, a protocol of mediation with the competent governmental district court (C), a complaint (a complaint filed for this registration based on a provisional registration), a power of attorney, and a report on investigation (ab)

1. Determination as to the assertion by the relevant Article of the Criminal Act, Article 156 of the Criminal Act, the defendant of the choice of imprisonment and his/her defense counsel regarding the crime

1. The defendant alleged that he completed a contract with B on the land of this case and paid the purchase price to B. Thus, the contents stated in the complaint are not false.

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