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(영문) 서울중앙지방법원 2017.05.25 2017고단871

무고

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant (State) was sentenced not guilty in the case where F and G filed a complaint against the Defendant on the charge of fraud with respect to the amount of F and G’s investment in F and D’s subcontracting (State) as the representative director of C, D’, and D’s E’s subcontracting, and was sentenced to F and G’s determination on the seizure and assignment order of claims against D(State) as “third debtor” by the said F and G as “debtor”, and was sentenced to the said F and G’s determination on the seizure and assignment order of claims against “third debtor”, and had the said F and G be subject to criminal punishment.

On October 12, 2016, according to the distribution of Seocho-gu Seoul Metropolitan Government, the Defendant filed a complaint with the Seoul Central District Public Prosecutor's Office (hereinafter "Seoul Central Public Prosecutor's Office") to the effect that "F, G, issuer (State) representative director A, and amount "2,750,000,000," which was drafted by an attorney I and J in charge of H law firm as an agent in charge of law firm as of December 4, 2013, the Defendant was subject to the order of the Seoul Public Prosecutor's Office's order of seizure and assignment of the bill No. 4477 on August 26, 2016, based on the above fair deed, the bill's fair deed No. 13788 on August 26, 2016, the Defendant submitted to the Seoul Central District Public Prosecutor's Office (hereinafter "Seoul Central Public Prosecutor's Office") to the effect that "the Defendant was subject to the order of the prosecutor's order of seizure and assignment of the claim."

However, in fact, around August 22, 2016, the defendant, F, and G recognized the validity of the above process deed and concluded that they would allow compulsory execution accordingly. Based on this, F and G applied for the above credit seizure and assignment order.

Accordingly, the Defendant submitted a false complaint and made a statement to supplement the complaint so that F and G were punished for the purpose of having F and G punished.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant;