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(영문) 대구지방법원 2015.05.22 2014고정2747

무고

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On May 2014, the Defendant, using a computer in the Defendant’s residence located in Daegu Jung-gu, Daegu-gu, issued a complaint stating that “The Defendant: (a) forged a written application for withdrawal and cancellation of the provisional seizure of real estate in relation to the provisional seizure of claim No. 2013Kadan6498, and submitted it to the Daegu-gu District Court.”

However, the fact is that the defendant voluntarily prepared an application for provisional seizure against real estate and received it from the Daegu District Court around October 16, 2013, and that D did not forge or use it.

On May 27, 2014, the defendant filed a false complaint with the public service center of the Daegu District Public Prosecutor's Office, which was not aware of the fact, and filed a false complaint with D for the purpose of having D receive criminal disposition.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A complaint;

1. Application for provisional seizure against bonds and application for withdrawal and cancellation of execution;

1. Application of statutes, such as a written entrustment of appraisal by the National Institute of Scientific Investigation;

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;