beta
(영문) 전주지방법원 2020.01.14 2019고단239

무고

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is the representative director of the CC who is a company that manufactures and sells the carbon boiler, etc. in Jinjin-gu Seoul Metropolitan Government B.

On November 26, 2018, the Defendant made a false complaint with respect to D, who is an internal director of the company, using the Woojin-gu Seoul Special Metropolitan City Police Station in the second floor of the Jeonjin-gu Special Metropolitan City Police Station in the 299, the Defendant made a false complaint with respect to D, who is an internal director of the company.

Around October 1, 2018, the complaint states that "A, the Defendant complained against D, the owner of the right, printed out a certificate of transfer of three patents related to the carbon boiler (application number: E, F, and G) registered as the owner of the right, and then forged three copies of a transfer certificate in a manner of inserting the storage file of the C’s seal imprint stored in the computer, and shipped it out to the Korean Intellectual Property Office, and punished for the crime of forging private documents and the crime of uttering." The Defendant agreed to transfer the above patent from the office of H, I, and J at the office of the above state ( Note)C on September 22, 2018, and that D permitted D to affix a seal on the certificate of transfer.

Nevertheless, on November 26, 2018, the defendant submitted the above complaint to the police officer who is unable to know the name of the public service center of the above police station.

As a result, the defendant reported false facts to public offices for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. A protocol concerning suspect examination of D;

1. Investigation report (related to submission of evidentiary materials);

1. A witness statement (H, I);

1. Recording records;

1. Statement;

1. Application of Acts and subordinate statutes to a report on investigation (IC)

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

1. Articles 157, 153 and 55 (1) 3 of the Criminal Act for mitigation of confessions;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant permits D to transfer the patent and affixed a seal imprint.