beta
(영문) 서울동부지방법원 2014.08.07 2012고단3226

무고

Text

A defendant shall be punished by imprisonment for not less than eight 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 May 15, 2012, the Defendant: (a) made a contract for a new construction of a multi-household located in Yong-gu, Young-gu; (b) made a false complaint against such person with the intent to be subject to criminal punishment of F, G, and H, an employee, at the Ga-dong Police Station located in Young-si, Young-gu; (c) on August 25, 2012, the Defendant made a false complaint against such person.

The contents of the complaint are as follows: although the complainant A (the defendant) did not have prepared the “written consent to the extension of the construction period,” the complainant’s name and resident registration number was arbitrarily stated in the “written consent to the extension of the construction period,” and forged it; on May 15, 2012, the Seoul Southern District Court submitted to the Seoul Southern District Court as evidentiary materials for the claim for construction cost, and forged and copied private documents; thus, punishment would change; however, the defendant decided to extend the construction period on the ground that he did not obtain the design change permission from the competent authority, and that he prepared and delivered the written consent to the extension of the construction period directly stating the name and resident registration number to H

Nevertheless, on August 25, 2012, the Defendant submitted the above complaint to the G, G, and H on August 25, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each protocol of examination of the witness F and H;

1. A protocol concerning the examination of each police suspect against F and H;

1. Request for cooperation in investigation (application, etc. for design alteration);

1. Request for document appraisal and reply to a request for appraisal;

1. Although the Defendant asserted that F et al. forged a written consent to the extension of the construction period, such as a standard contract for private construction works, a statement of construction cost settlement, and a copy of a written consent to provide financial transaction information, according to the evidence adopted and examined by this court, the Defendant’s signature “A” and “I” indicated in the above written consent to the extension of the construction period appear to have the characteristics of the Defendant’s body that it is difficult for other persons to imitate.