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(영문) 서울서부지방법원 2016.01.13 2015고정454

무고

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 19, 2013, the Defendant lodged an appeal against six months of imprisonment with prison labor for perjury at the Suwon Franchi, and on November 14, 2013, the Defendant was sentenced to imprisonment with prison labor for six months at the same court, and the said judgment became final and conclusive on November 22, 2013.

On September 6, 2013, the Defendant prepared a complaint to punish C with perjury, which is in the fourth degree of relationship in the Suwon-si detention center located in Suwon-si, Suwon-si, and submitted a complaint to the Yongsan-si Police Station by mail.

The contents of the complaint are as follows: "A was aware of the fact that the Defendant did not forge the receipt, promissory note, or promissory note, etc. in the name of D in the name of D, but it was proved to the purport that "D, despite the absence of any fact that D had written the receipt, promissory note, or power of attorney, had forged the above documents and filed a claim suit against D against the witness and D."

However, as D borrowed KRW 26 million from E, the Defendant would have received and possessed a letter of delegation, etc. of the content disturbance written in the name of the Dong from D. However, as D borrowed from E, the promissory notes in the name of D were put in place.

Accordingly, the defendant had the above C with the aim of having the above C punished criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the police against D;

1. A complaint;

1. Copy of the protocol of examination of the witness (No. 1. 170 of the investigation record), copy of the protocol of examination of the witness (No. 3. 58 of the investigation record), copy of the summary order (No. 3705 of the investigation record, No. 1st 367 of the investigation record, No. 439 of the investigation record, No. 1st 367 of the investigation record, No. 439 of the Suwon District Court), copy of the ruling (No. 2600 of the Suwon District Court, No. 2000 of the Suwon District Court, No. 2011, No. 785 of the Suwon District Court, Supreme Court 2011Do872 of the investigation record, No. 1st 384 through 413 of the investigation record, and the investigation record.