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(영문) 대전지방법원 천안지원 2016.07.08 2015고단2089

무고

Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

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

Reasons

Punishment of the crime

On May 2006, the Defendant entrusted the management of No. 1001 of the D Officetel 1,001, which is his own possession, to E, and subsequently, to the United States, moved to the United States. On March 201, 201, the Defendant entrusted the sale and purchase of the above real estate and delegated the sale and purchase thereof to E, and even if he used the sale and purchase, he did not receive the payment of the above real estate so that he did not receive the sale and purchase amount of the above real estate.

On April 2015, the Defendant prepared a false complaint with respect to E using a computer from 109, 606, Seoul Special Metropolitan City Nowon-gu apartment 109, 606.

The accusation delegated E to sell and purchase the above real estate. However, even if E sells the real estate, it is difficult to express his intent or ability to pay the purchase price, and thus, would have concealed the sale of the above real estate and failed to pay the purchase price, and thus, would be punished for fraud, and the Defendant, around April 11, 201, prepared a power of attorney, etc. necessary for the sale of the above real estate, received a full payment of the purchase price, and made a receipt to

Nevertheless, around April 28, 2015, the Defendant submitted the above written complaint to the investigator who is unable to know his name in the Seoul Southern District Public Prosecutor's Office located in Yangcheon-gu Seoul Metropolitan Public Prosecutor's Office in 390.

In this respect, the defendant made a false accusation against E for the purpose of having the criminal punishment imposed.

Summary of Evidence

1. Each legal statement of witness G and H;

1. Statement of witness E in the second public trial protocol;

1. Complaints of the accused;

1. Data on account transactions received through the execution of a warrant, such as a certified copy of a register, a copy of an officetel transaction contract, a copy of receipt, a statement of rights to registration, a receipt, an officetel registry, a copy of an officetel registry, a cancellation person, a domestic residence declaration, a certificate, a certificate of seal impression, a certificate of proxy, a statement of deposit and withdrawal, a statement of deposit, a request for provision of financial transaction information, etc., a copy of a check before himself/herself, and a statement of accounts for purchase