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(영문) 광주지방법원 2017.02.10 2016고단5561
무고
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On September 8, 2016, the Defendant submitted to the Nam-gu Seoul Southern Police Station of 9-5 Gwangju, 74, as the use of Gwangju Nam-gu, "Around April 23, 2015, the Defendant, without the consent of the complainant C (Defendant) and her husband D, made an application for the insurance contract for non-payment of dividends to the East Life Insurance Co., Ltd. and the main insured Co., Ltd. and his/her signature on the insurance contract for non-payment of dividends to the same household life insurance Co., Ltd. and the primary insured Co., Ltd., by forging it, he/she made an investigation into forgery of private documents and a request for punishment as a crime of accompanying, and made a supplementary statement to the same effect on the 20th of the same month.

However, in fact, on April 23, 2015, the Defendant was close to ordinary areas adjoining to that of ordinary areas, through the above C, to be a contractor, to have concluded the above insurance with her husband D as the main insured, and had never forged the Defendant’s signature.

In addition, around that time, Defendant 1 received mobile phone text messages from the above insurance company twice to confirm whether it is appropriate to normally conclude the insurance contract from the employees of the above insurance company ("the so-called "the so-called call"), and was a contact between the neighbors and the usual and frequent communication.

E also told E of the fact of the above insurance coverage.

Nevertheless, the defendant's separate claim relationship with C was not between each other due to the conflict between the parties, and the defendant filed a separate complaint against C, and thus, it was false as C forged the written subscription of the above insurance contract.

As a result, the defendant filed a false petition with C for the purpose of having C punished criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. The protocol of interrogation of the suspect by the defendant or C by each prosecutor (two times, one time, one time).

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