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(영문) 서울동부지방법원 2014.02.06 2013고단1142

무고등

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Justice] On February 2, 2012, Defendant A was sentenced to one year of imprisonment for fraud at the Seoul Central District Court (hereinafter “Seoul Central District Court”) and on May 24, 2012, the said judgment became final and conclusive on May 24, 2012. On February 5, 2013, Defendant A was sentenced to six months of imprisonment for the crime of forging private documents, etc. at the Seoul East East District Court, and the said judgment became final and conclusive on September 12, 2013.

[2013 Highest 1142]

1. Around July 25, 2008, Defendant A purchased KRW 6150km, etc. from the victim F to KRW 72.8 million, but did not pay the agreed purchase price. On July 2, 2009, Defendant A submitted the shareholders’ minutes to the said court division on April 26, 2010, with evidence of the argument that the Defendant was not purchasing the above Cheongok, etc. but investing the victim F in the mine development project.

Accordingly, on July 7, 2010, the victim F filed a complaint against the defendant with the Seoul Central District Public Prosecutor's Office on the grounds that the defendant forged the above shareholder's minutes, etc., and the defendant was investigated as the above accusation case, and the defendant was tried to file a false complaint against the victim F on the part related to the above shareholder's minutes.

On July 27, 2011, the Defendant prepared a written complaint against the above victims by using an examination color pen for the purpose of having the victim F and G receive criminal punishment in Seongdong-gu Seoul Songpa-dong.

Of the written complaint, the part concerning the victim F in the victim F is prepared by the Seoul Central District Prosecutor's Office around July 6, 2010, and the facts are that the complainant held a general meeting of shareholders of A and H stock companies around April 30, 2008 and agreed to invest USD 3 million in the balian mine development project in the Republic of Balian mine development project located in the Republic of Balian Republic. < Amended by Presidential Decree No. 20690, May 2, 2008; Presidential Decree No. 22090, May 2, 2008.