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(영문) 서울중앙지방법원 2015.04.24 2014고단9638

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

1. On January 2014, the Defendant drafted a false complaint with respect to E, F, and G at the 7th floor D Patent Office of Seocho-gu Seoul, Seocho-gu, Seoul.

A written complaint contains: “Around February 19, 2013, in collusion with Defendant E, F, and G, prepared a comprehensive business acquisition agreement in the name of the complainant that he/she will transfer his/her comprehensive rights and duties to “I” using the seal imprint of the complainant (Defendant) and submitted it to the Seoul Central District Court for a civil procedure pending in the world and exercised it; thus, a request for punishment for forgery of private documents and uttering of the above investigation documents is made; and the facts are as follows: (a) written a comprehensive business acquisition agreement after the Defendant and E, F, and G reached an agreement on the process of liquidation of H’s legal entity; and (b) written the said contract under the name of E, F, and G arbitrarily did not forge the said contract under the name of the Defendant.

Nevertheless, around January 15, 2014, the defendant submitted the above written complaint to the staff in charge of the public service center of the Seoul Seocho Police Station in accordance with the distribution of Seocho-gu Seoul Metropolitan Government.

In this respect, the defendant was dismissed for the purpose of having the above E, F, and G receive criminal punishment.

2. On June 2014, the Defendant drafted a false complaint with respect to E, F, and G at the above D Patent Office.

A written complaint is that “A person who conspireds with the accused E, F, and G to forge a business comprehensive acquisition contract under the name of the accused (the accused) on February 19, 2013 thereby deceiving H, thereby deceiving H to acquire all the property in the amount of H.” The facts are as follows: (a) around December 2012, the Defendant and E, F, and G agreed upon the corporate liquidation procedure of H; and (b) there was no fact of deceiving H.

Nevertheless, around June 11, 2014, the defendant submitted the above written complaint to the staff in charge at the Seoul Western Police Station.

In this respect, the defendant was dismissed for the purpose of having the above E, F, and G receive criminal punishment.

Summary of Evidence

1. Part of the defendant;