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(영문) 부산지방법원 2019.01.25 2017고단5881

무고

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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

On August 1, 2017, the Defendant: (a) prepared a senior secretary office (hereinafter referred to as “the head of the instant complaint”) in the office of certified judicial scrivener in the Dong-gu, Busan (U.S.) (hereinafter referred to as “U.S.”) with the following content; (b) had the employees of the above certified judicial scrivener office (name omitted) submit the documents to the public prosecutor’s office of the Busan District Public Prosecutor’s Office on August 10, 2017; and (c) made a supplementary statement at the Busan East Police Station on September 1, 2017.

In other words, although the gist of the statement in the complaint of this case and the statement in supplement of the complaint of this case had, on April 1, 2016, the defendant approved the lessee to prepare the part B of the lease contract (hereinafter "the lease contract of this case") in which the lessee would deposit money as KRW 90 million in Busan Dong-gu (hereinafter "the house of this case") on his/her behalf, the defendant filed a false complaint with the defendant that he/she forged the part of the above lease contract of this case in order to obtain criminal punishment, and used it by copying and submitting the lease contract of this case to the court as a document attached to the provisional seizure against real estate of this case."

In fact, B filed a complaint against the Defendant on the ground that the Defendant forged and exercised the instant lease agreement as above.

(hereinafter “instant lease agreement complaint”). However, the Defendant resided in the instant housing along with Chokdong D, etc., but determined that as the area including the instant housing was designated as a redevelopment area, compensation would be paid to the owner of the instant housing.

Accordingly, among the lease contracts in this case, those kept in B's seal are written arbitrarily without the authority of the lessor, and the creditor D and debtor B.