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(영문) 대전지방법원 서산지원 2012.12.07 2012고단389

무고

Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 26, 2011, the defendant prepared a false complaint against D and E using a computer from the defendant's house located in the Seoul Southern-gu Incheon Metropolitan City C1st, by using the computer.

A written complaint states that "D and E have entered only the name, resident registration number, address, and date of preparation that only the name, resident registration number, and address column are stated in the form of dry-do Loan Certificates, and that D and E have affixed a seal on the next side, and thereafter, D and E have promised to put cash of 50 million won up to D by March 2007. The content of "F land volume perfun, 200,000,000 for the Incheon Security Incheon Security," "G buildings in Jin-gun, Jin-gun, Jin-gun, Chungcheongnam-gun, Incheon, to include at will the content of "F land volume perfun, 20,000,000, and then have forged and sealed the seal of the complainant."

However, in fact, it was prepared by agreement between the defendant and E, etc., and the seal affixed on the above loan certificate also affixed the defendant's own seal, so D and E do not forge or alter the above loan certificate.

Nevertheless, around September 27, 2011, the Defendant submitted the above written complaint to the prosecution investigator who is unable to know his name in the Seocheon-dong, Seocheon-dong, Daejeon District Public Prosecutor's Office's Office's Office's Office's Office's Office's Office's Office's Office's Office's Office's Office, and made D and E receive criminal

Summary of Evidence

1. Partial statement of the defendant (the fact that a complaint has been filed and details of complaint);

1. Witnesses D and E's respective legal statements;

1. Copy of the loan certificate;

1. Application of the Acts and subordinate statutes notifying the results of each document appraisal;

1. Article 156 of the Criminal Act as to the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The fact that there has been no history of criminal punishment until now since the age of 70 by the defendant who selected the choice of punishment and the determination of a fine has reached the age of 70, and that there has not been any occurrence of final damage, such as exemption of the defendant from relevant civil liability or punishment by the person who was not injured.