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(영문) 광주지방법원 2014.01.16 2013고단3408

무고

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 26, 2010, the Defendant entered into a new construction contract for a multi-family house with the F company run by E in Seopopo City owned by the Defendant on July 26, 201, and around May 201, the business Dong G, who will complete the construction of E, was occupied in advance by the Defendant Dong G, and on November 5, 2012, E submitted to the Gwangju District Court a written confirmation related to the prior occupancy that the Defendant prepared while filing a claim for construction cost against the Defendant, and submitted it with the Gwangju District Court a written confirmation related to the prior occupancy that the Defendant entered into.

On February 15, 2013, the Defendant: (a) prepared a written complaint stating the false fact that “E and H, the accused, forged a written confirmation confirming that they will occupy D houses in the name of the complainant, and exercised it; (b) submitted it to the Seopopo Police Station located in 731-1, Seopo-si, Seopo-si, 731-1; and (c) stated the same purport at the Seopo-si Police Station, Gwangju Mine Police Station, and Gwangju District Prosecutors’ Office.

However, the defendant was well aware that the defendant did not forge the above certificate because he signed the above certificate directly.

Accordingly, the defendant presented a complaint stating false facts to E and H.

Summary of Evidence

1. Partial statement of the defendant;

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

1. A complaint;

1. Statement of the accused (29 pages of investigation records);

1. A certificate (18 pages of investigation records);

1. Application of the written appraisal (183 pages) Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The Defendant asserts that no confirmation document was prepared by himself/herself and H and E were forged.

However, the Supreme Prosecutors' Office K appeared as a witness in this court and stated that the completion of confirmation is the same as the writing of the defendant, and the Gwangju District Court in the relevant civil procedure, prepared by K (183 pages of investigation records) and prepared by K.