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(영문) 서울중앙지방법원 2015.08.12 2013고단4993
무고
Text

Defendant shall be punished by a fine of KRW 20,000,000.

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

Reasons

Punishment of the crime

1. On December 29, 2011, the Defendant drafted a false complaint against E using a computer at the Defendant’s home located in Jongno-gu Seoul Metropolitan Government Z on December 26, 2011.

Although it is reasonable to send A a certificate of the purport that “HH building is owned by A, and it is a building owner,” the Defendant Nonparty E, by asserting that the above building was his own possession, and made a false complaint due to interference with the business of sending a certificate of the above content and defamation, and the fact that “E is punished as a crime of false accusation,” and that “E has the right to manage and dispose of the above building, and thus, the above contents of the complaint were not false.”

Nevertheless, around December 29, 2011, the defendant submitted the above written complaint to the public official who is unable to know his name at the Seoul Eastern District Public Prosecutor's Office located in 404, Asan-ro, Seoul Special Metropolitan City.

In this respect, the defendant was arrested for the purpose of having E receive criminal punishment.

2. Around January 19, 2012, the Defendant drafted a false complaint against E using a computer at the Defendant’s home located in Jongno-gu Seoul Metropolitan Government Z by using the computer.

Although it is reasonable to send A a certificate of the purport that “HH building is owned by A, and it is a building owner,” the Defendant E, a party, at around December 14, 201, made a false accusation by interfering with A’s business or defamation with the act of sending a false certificate of the above content while asserting that he/she is his/her own possession, and thereby, he/she was punished as a crime of false accusation,” and the facts stated that “E has the legitimate right to manage and dispose of the above building, and thus, E did not have any falsity.

Nevertheless, around January 19, 2012, the defendant could not know his name at the Seoul Central Police Station located in Jung-gu Seoul Central Police Station.

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