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(영문) 인천지방법원 부천지원 2015.01.13 2014고단1404

무고

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 9, 2013, the Defendant promised to offer the purchase price of the D land owned by the Defendant to KRW 50,000,000,000, as an intermediary fee to the Defendant, to the Defendant, the Defendant, who was the Defendant, for the first time, Kim Jong-si.

When the sale of the above real estate was established through the introduction of the Defendant Nonparty, on September 16, 2013, the Defendant found in the agricultural Kimpo-si branch along with the Defendant, the broker, and distributed and transferred the brokerage fee of KRW 50 million to each broker, and transferred the amount of KRW 10 million to the Defendant Nonparty according to the agreement.

However, in order to receive a return of the above KRW 10,000,000,000, which was written by the defendant himself by means of the writing of the written request for withdrawal submitted to the above bank by the defendant, the defendant tried to file a false complaint with the defendant as if he forged the written request for the said withdrawal and fraudulently acquired the KRW 10 million.

On February 21, 2014, the Defendant drafted a written complaint to the effect that, “Around September 16, 2013, 2013, the Defendant sent the Defendant’s statement to the Defendant’s account and transferred the Defendant’s name to F by withdrawing KRW 10 million from the Defendant’s account at the NA Kimpo-si branch office, Kimpo-si, Seoul, and without permission, signed the document with the Defendant’s seal affixed thereon, and forged the document, and submitted the forged written statement of withdrawal to the Bank employees to obtain criminal punishment.”

However, around September 16, 2013, the Defendant, at the Nonghyup Kimpo-si branch, prepared a written demand for withdrawal from the above contents in accordance with the agreement with the Defendant, and the Defendant sent the said written request to the Defendant. After checking the contents of the said written request for withdrawal, the Defendant did not forge the said document by signing and sealing the amount of direct transfer and submitting it to the bank counter.

Nevertheless, on February 24, 2014, the defendant received the above written complaint to the Kimpo Police Station located in 65 Kimpo-ro 795, Taepo-si, Kimpo-si, Kimpo-si, and the same month.