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(영문) 광주지방법원 2011.10.27 2011고단2021
무고
Text

The punishment of the accused shall be eight months by imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 12, 2010, the defendant submitted to the public service center of the Gwangju District Public Prosecutor's Office located in the Dong-dong, Gwangju Metropolitan City, a complaint containing false facts about C, to the employees in charge of the above public service center.

A written complaint contains the following facts: “(1) C shall state the Defendant’s personal information in the column of the obligor for registration of the transfer of ownership of the five bonds of the previous Young-gun E, F, G, H, and I building 5 in the office of Young-gun, Young-gun, Young-gu, Seoul around September 7, 2007; “(2) in the letter of confirmation in the name of the Defendant, a private document, in the letter of confirmation; (2) on April 2010, C submitted the document of confirmation in the name of the Defendant to the employee of the Young-Gun Office, who is well aware of the fact that the document of confirmation in the name of the Defendant was used; and (3) the content and fact that the document was written with the Defendant’s consent; and the fingerprint of the letter of confirmation was written with the Defendant’s personal fingerprints; and there was no fact that C forged the above confirmation document.

Accordingly, the defendant committed a false accusation for the purpose of having the above C receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and J;

1. A copy of a complaint, a copy of confirmation document, and a real estate sales contract;

1. Application of Acts and subordinate statutes notifying the results of document appraisal;

1. Article 156 of the Criminal Act applicable to the crimes;

1. Selection of imprisonment with prison labor chosen;

1. Determination as to the assertion of the defendant and his defense counsel under Article 62(1) of the Criminal Act (hereinafter the following grounds for sentencing)

1. The main point of the facts alleged in the complaint is that C has forged a sales contract on five bonds issued by Jeonnam-gun E, F, G, H, and I building 5 bonds (hereinafter “instant real estate”) in Yongnam-gun, not the content that C has forged a written confirmation of the instant real estate, but the location of the real estate, which is the purpose of the sale and purchase, for the Defendant to file a complaint with C, is the location of the public account.

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