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(영문) 수원지방법원 2015.01.22 2014고단4263

무고

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 24, 2014, the Defendant had Law Firm D in Young-gu, Suwon-si, Suwon-si, prepare a false complaint against E.

The gist of the accusation states, “Defendant E, the complainant, stolen his seal imprint and resident registration certificates, and, in relation to a private apartment (F apartment 1005, 303, the F apartment 1005, 303) that the complainant leased to the complainant, he forged the lease contract under the name of the complainant, and submitted it to the complainant in a civil trial proceeding.”

However, in fact, from the time of the purchase of the above apartment, the Defendant agreed with E to prepare and set up a charter contract with the amount corresponding to the purchase price paid by E, and around September 30, 2013, E, who worked at the above apartment 1005 303 dong 303, requested a seal and resident registration certificate to prepare a charter contract, and the Defendant’s personal seal impression, resident registration certificate, and address, sent to E.

Nevertheless, on May 24, 2014, the defendant submitted the above complaint by allowing employees belonging to the above law firm D to receive the false complaint to the Sungdong Police Station.

In this respect, the defendant committed a false accusation for the purpose of having E receive criminal punishment.

Summary of Evidence

1. Legal statement of witness E;

1. Examination protocol of suspect E by the prosecution;

1. A duplicate of the lease contract;

1. Duplicate of the joint signature of the complainant;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 156 of the Criminal Act and Article 156 of the Criminal Act regarding criminal facts, reasons for sentencing of sentence [the scope of recommending punishment] 1 category [the grounds for sentencing of imprisonment] [the person who has no basic area (6 months to 2 years] / [the decision of sentencing] / The crime without a sentence is likely to disrupt the national criminal justice function and lead to the exercise of a false state punishment authority, so it is necessary to strictly punish it. The defendant is the first offender, his age, character and conduct, environment, and crime.

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