beta
(영문) 의정부지방법원 고양지원 2013.06.27 2012고단1442

무고

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On January 5, 2012, the defendant was sentenced in Seoul High Court to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and six months, respectively.

On April 10, 2012, the Defendant filed a lawsuit claiming damages against the Defendant, and filed a complaint with C and D favorable use in the above civil procedure and had C and D obtain criminal punishment. On April 10, 2012, the Defendant prepared a complaint with the purport that “A and D have filed a lawsuit claiming compensation for damages by forging a blank receipt by forging it,” using a color pen in a white paper located in the Seoul detention center, and received the above complaint with the general affairs department of the Seoul Central District Prosecutors’ Office around April 19, 2012.

On May 23, 2012, the Defendant continued to prepare the written statement to supplement the complaint in the Seoul detention center investigation interview room, and said that “A and D forged two receipts around May 2007, and submitted two forged receipts to the court when filing a civil suit on or around December 201, and used two copies of the falsified receipts to exercise the said investigation document.”

However, in fact, the defendant issued two blank receipts to D, stated D as "the balance of FF in Gyeonggi-do, Pakistan" in the same place, and the defendant confirmed the contents by receiving two copies of the above receipt again from D and affixed his/her signature and seal thereon. Thus, C and D did not have forged two copies of the above receipt.

Nevertheless, the Defendant reported false facts to the public officials as above and rejected C and D.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and C;

1. Protocol concerning the examination of suspect C by the prosecution (including the part concerning the defendant and the replacement of the defendant);

1. Statement of the police statement of the defendant;

1. A letter of complaint filed by the defendant;