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(영문) 청주지방법원 제천지원 2018.10.04 2017고단450

무고

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 14, 2017, the Defendant submitted a complaint stating false facts about B and C at one-third police station in the center of the Jungyang-gu, Yangyang-gun, Yangyang-gun.

The facts are as follows: (a) A and C have no claim against the defendant; and (b) a provisional registration made in B’s name and a written indictment for registration of establishment of a right to collateral security in C’s name are stated as “provisional registration,” but they seem

It is invalid by means of false representation in collusion.

Nevertheless, on September 5, 2014, B filed a compulsory auction on the share of D, E, F, G, and H 1/2 on the ground of a provisional registration null and void on September 5, 2014. Upon the successful bid of the above land, B, and C filed an application for dividend based on false bonds. Upon the filing of a lawsuit of objection against C, B and C conspired to have divided the dividend paid to C on the condition that C withdraw a lawsuit of objection between B and C, and then acquired the dividend by fraud by withdrawing the said lawsuit of objection, which is to be punished.

However, facts were that B and C applied for dividend based on the legitimate claim against the defendant and received dividends.

Accordingly, the defendant, B and C, for the purpose of having criminal punishment imposed upon him.

Summary of Evidence

1. Each legal statement of the witness B, C, I, and J;

1. Statement made by the police against the defendant;

1. Part of the police statement protocol with K (each part of the evidence record stating that “A at the time has a claim against A” and “C has a claim against A” in Article 729 of the evidence record)

1. A complaint filed by the accused, the current status of dividends, a certified copy of the register, a copy of the decision on recommendation for compromise, a copy of the decision on withdrawal, a copy of the contract for setting up a right to collateral security,

1. A report on investigation (a copy of the stenographic record of witness examination of L, etc.), one stenographic record of I testimony, or one copy of account transaction in I;

1. Three copies of a loan certificate, one copy of the application for a payment order, one copy of the decision of recommending reconciliation, and one search results of B;