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(영문) 인천지방법원 2013.04.04 2012고정4535

무고

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

Around January 28, 2012, the Defendant filed a lawsuit to confirm the status of the representative of the said apartment 11-dong representative election against the said apartment 11-dong representative election. Around March 6, 2012, the said council of occupants' representatives decided to file a lawsuit against D by entrusting the apartment election commission to the said council of occupants' representatives. On March 27, 2012, the chairman of the said apartment election commission only prepared and submitted to the court a written answer under the name of the said council of occupants' representatives on March 27, 2012, and there was no fact that E did not arbitrarily submit a written answer under the name of the council of occupants' representatives without delegation.

Nevertheless, after the resolution of the above council of occupants' representatives, the Defendant had expressed a false statement to the effect that the answer submitted by E, etc. in order to help and help D was arbitrarily forged documents in the lawsuit.

Around June 12, 2012, the Defendant prepared a letter of complaint stating that “E voluntarily prepared a reply and power of attorney under the name A and delivered it to the court around March 27, 2012,” and submitted it to the public service center of the Incheon Bupyeong Police Station on the same day.”

As a result, the defendant filed a false complaint with the aim of having E receive criminal punishment, and made a false complaint with the aim of having E receive criminal punishment.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Legal statement of witness E;

1. The police statement concerning G;

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

1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) 1 of the Criminal Act concerning the provisional payment order under Article 334 (1) of the Criminal Procedure Act;