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(영문) 전주지방법원 2014.10.31 2013고정613

무고

Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On May 7, 2012, the defendant, at around 10:00, had D prepare a written complaint, with the intention of having D receive criminal punishment from a certified judicial scrivener office in front of the Daejeon District Court, which is located in Seo-gu, Seo-gu, Daejeon District Court.

The contents are as follows: (a) on June 6, 2009, written to Defendant D on June 15, 2009, which was written to Defendant D on June 15, 2009; (b) on June 6, 2009, the debtor A and joint guarantor E; and (c) on which the seal attached to A’s name was not written and not written; and (d) on December 15, 2009, the exercise of the right to collateral security of B based on the right to collateral security on the land outside Kim Jong-si and 14, from December 15, 2009 to December 270,00,000 won is not paid.

June 16, 2009 Gap

1. E;

2. Although “A” is written and “A” and “A’s name was not written and sealed with a seal affixed thereon, the Defendant Nonparty forged the above loan certificate and a memorandum of understanding, and the written reply on the litigation case for the cancellation of superficies, which the complainant raised against the Defendant Nonparty, accompanied by the said loan certificate and a memorandum of understanding, and thus punished.”

However, on March 14, 2007, the defendant and the defendant Eul borrowed KRW 350 million from the above D, but failed to repay it, and filed an application for auction on the above Eul's land as security. On June 2009, the defendant, the above E, and the above D determined the amount of debts up to the time as 400 million won and received 200 million won from the defendant as the repayment for the above debt. The defendant and the above Eul decided to repay to the above D by December 15, 2009 the remainder of the debt including KRW 70 million borrowed separately from the above D, and since the defendant prepared the above loan certificate and a memorandum of understanding and gave it to the above D through H, a certified judicial scrivener, the above D has forged the above loan certificate and the memorandum of understanding.