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(영문) 대전지방법원 2015.02.05 2014고단970

무고

Text

A defendant shall be punished by imprisonment for six 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 November 18, 2013, the Defendant prepared a written complaint for fabrication of private documents against D, etc., which is the head of the management support headquarters of the company E, with the aim of having D, etc. criminal punishment imposed by the public service center of the Daejeon District Police Station, Seo-gu, Daejeon, Daejeon, Seo-gu, Daejeon, with the aim of having D, etc. obtain criminal punishment. The purport is that “after the Defendant D, etc. forged a contract document and T-Ser smart incentive program agreement by forging the F name plate, the Defendant, etc., and then sent it to the complainant via facsimile around November 12, 2013, the Defendant punished the Defendant as the crime of forging private documents.”

However, in fact, the Defendant was prepared with G, a stock company, an E-employee, with a trading agreement and a trading agreement with the purport that the Defendant may use the Defendant’s welfare membership for the purchase of memberships, etc. for the Defendant’s welfare and may incur a loss upon the repayment of the secured money after the contract is terminated.

Nevertheless, on November 18, 2013, the Defendant submitted the above complaint to a police officer who is unable to know his name in the public service center of the Daejeon Police Station, and reported false facts to the public office.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness G and D;

1. A complaint;

1. A transaction contract and an agreement;

1. Certificates of transfer results;

1. Confirmation of credit balance and request for agreement;

1. List of agencies to conclude contracts;

1. A written agreement and a contract;

1. Land for each draft;

1. Investigation report (No. 18 of the evidence list);

1. Application of Acts and subordinate statutes concerning telephone statements;

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

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be legally mitigated;

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence [the scope of recommending punishment], the senior criminal group, the general secretary (type 1), the area of mitigation, one month to one year [the decision of sentence] of imprisonment [the decision of sentence], and no specific criminal punishment other than twice.