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(영문) 서울서부지방법원 2014.02.11 2012고단2673

무고

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On August 20, 2012, the Defendant prepared and submitted a written complaint to the public service center of the Yongsan Police Station in Yongsan-gu Seoul, Yongsan-gu, Seoul, stating that “A (Defendant A) borrowed money from F and G, despite the absence of the fact that the complainant borrowed money from F and G, Defendant filed a lawsuit claiming loans of KRW 10.20 million against the complainant on July 11, 2012 by forging the certificate of loan and the certificate of mortgage contract in the name of the complainant, and subsequently, Defendant filed a lawsuit claiming loans of KRW 10.20,000,000 with the Seoul Western District Court.”

However, on December 30, 2011, the Defendant borrowed 300 million won from G and prepared a direct loan certificate on condition that he/she takes part with the above F, and around May 21, 2012, the Defendant delegated F with the signature and seal of the relevant loan certificate and mortgage contract (the amount of debt under the loan certificate and mortgage contract, including 300 million won, 5.7 million won, including the existing loan). On June 5, 2012, the Defendant: (a) borrowed 270 million won from G from G to the signature and seal of the relevant loan certificate and mortgage contract (the amount of debt under the loan certificate and mortgage contract, 300 million won, including 30 million won).

As a result, the Defendant filed a false complaint with F and G for the purpose of having the F and G punished criminal punishment.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Results of the verification of CD No. 24 of the evidence list in this Court

1. Recording notes ( dated 21, 2012; June 4, 2012; June 26, 2012);

1. Each interrogation protocol of F and G:

1. A complaint;

1. A certificate of borrowing or a document establishing a mortgage;

1. Application of Acts and subordinate statutes concerning submission of G, etc.;

1. Article 156 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. The grounds for sentencing under Articles 40 and 50 of the Commercial Act include: (a) the Defendant did not recognize his mistake; and (b) the sentencing conditions under Article 51 of the Criminal Act were taken into account; (c) the civil procedure is in progress; (d) the health status is not good; and (e) the circumstances indicated in the records of the instant case.