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(영문) 대구지방법원 포항지원 2014.11.05 2013고단998

무고

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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 February 14, 2012, the Defendant, at the D Licensed Administrative Agent Office located in Northern-gu, Northern-si, Mapo-si, written a complaint stating that “E, the Defendant, who was the Defendant, obtained KRW 12,00,000,00 from a vehicle installment loan by means of forging the documents and submitting them to Hyundai Sacker Social, by purchasing one F dumpler and possessing a seal imprint in the name of the complainant, who was the Defendant, at the D Licensed Administrative Agent Office (hereinafter “Defendant”) around May 14, 2012.”

However, on May 21, 2012, the Defendant agreed to purchase the said dumprr and one dumpr with E’s main line from the J office operated by the Nam-gu H I located in the Nam-gu, Nam-gu, in order to purchase the said dumpr and to lend the name of G, and provided the seal impression design, certificate of personal seal impression, and resident registration certificate to K, a modern social employee.

Nevertheless, around March 4, 2013, the defendant submitted the above complaint to the Daegu District Public Prosecutor's Branch Office.

In this respect, the defendant committed a false accusation for the purpose of having E receive criminal punishment.

Summary of Evidence

1. Each legal statement of witness E, K, and I;

1. One file, such as a complaint, a copy of a loan product application, a certificate of transfer of installments (12 million won), a certificate of deposit of L bank account, a reply to the details of issuance of a certificate of seal imprint, and a telephone recording file;

1. Application of Acts and subordinate statutes to a report on an investigation (or oral statement of a witness) and a report on an investigation (to attach a warrant of search, seizure and verification to an examination);

Article 156 (Selection of Imprisonment or Imprisonment)

1. Article 62 (1) of the Criminal Act;

1. Determination of the defendant and defense counsel's assertion under Article 62-2 of the Criminal Act of the community service order

1. The alleged defendant did not have a book at the above J-office operated by I on May 21, 2012, and did not prepare one copy of the application for goods of modern social importance, or received a vehicle-based loan from Hyundai Mass money. Thus, the above written complaint is true.

2. The determination shall be submitted to this Court.