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(영문) 춘천지방법원 2017.04.27 2016고정436

무고

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 2015, the Defendant, at the office of “D” in Seocho-gu Seoul Metropolitan Government, had lawyers E and F, who are not aware of the fact, prepare a false complaint against G.

The complaint stating that “The defendant G is not an attorney-at-law even if it is not a defendant-at-law, the complainant A will resolve the case only by the actual expenses on May 2013.

In other words, the contents of the delegation contract in the name of the complainant without any explanation on the success fee, etc. include a false statement that the case committed a crime of forging the private document and exercising the above investigation document.

However, as the defendant directly prepares all the terms and conditions of the above contract and the name of the delegating, G did not have forged the delegation contract in the name of the defendant.

Nevertheless, on May 27, 2015, the defendant had the above defense counsel submit the above complaint to the public official belonging to the public prosecutor's office of Chuncheon District public prosecutor's office, which is located in the official districts of Chuncheon City, Incheon District public prosecutor's office.

As a result, the defendant committed a criminal punishment against G for the purpose of having G receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Statement made by the police with H;

1. The application of Acts and subordinate statutes to reference documents, such as a copy of the Seoul High Court’s decision (Attachment to the submission of Defendant’s written decision), a criminal investigation report (No. 369), a document 2014, together with 12 documents (No. 16,17, and 25, a copy of the decision of the Chuncheon District Court (No. 16,17, and 25, a copy of the delegation contract), a copy of the delegated contract, a power of attorney, a non-prosecution decision, a copy of the Seoul Southern Southern District Court’s decision (No. 61870, a group 61870), a copy of the complaint (No. 32, a net time), a copy of the written opinion (No. 37), a criminal investigation report

1. Relevant Article 156 of the Criminal Act concerning the facts constituting an offense, Article 156 of the Criminal Act selecting a fine, and the choice of

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order / [Defense Counsel] Article 334(1) of the Criminal Procedure Act / The contents of the complaint regarding the defendant's private document G are related to the success fee, etc.