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(영문) 서울북부지방법원 2014.12.09 2014고정1402
무고
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant prepared a false complaint against C with the intention of having C receive criminal punishment on a temporary and irregular basis.

The complaint shall prepare a notice of convening an extraordinary general meeting of E-friendly council on the case of election of new executive officers and the case of the amendment of the rules, receipt of deposit money and the case of proceedings, etc., without authority, for the purpose of exercising the right at the end of March 5, 2012, and signed the author as E-type E-friendly meeting and signed the author as E-type A and affixed A’s seal on his name and forged a copy of the private document. The facts are as follows: “C has affixed a seal imprint affixed by the defendant and sent the notice of convening a general meeting to the end of the meeting.”

Nevertheless, on March 18, 2013, the Defendant submitted a written complaint to the Seoul Western District Public Prosecutor's Office, which is located in 174 as Mapo-gu Seoul, to the Seoul Mapo District Public Prosecutor's Office, and brought C with it.

Summary of Evidence

1. C’s legal statement;

1. A notice of convening an extraordinary general meeting of the E-friendly council;

1. Proxy letter and certificate of personal seal impression;

1. A fact-finding certificate (2:2 right 29 pages out of two books of investigation records);

1. Application of Acts and subordinate statutes to the chief of an accusation (not more than 50 pages, among two copies of investigation records);

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that although the defendant issued a seal to C to consult with F of the clan, he/she did not affix his/her seal to F of the notification of this case, he/she stated that C has received a notice of convening a notice from the defendant on the other hand.

The following circumstances acknowledged by the adopted evidence, namely, the Defendant sent the certificate of personal seal impression to C until March 6, 2012, which was directly issued by the Defendant. On March 15, 2012, the Defendant drafted a false confirmation document at C’s end that he/she directly affixed his/her signature and seal to the confirmation document that he/she sent the above muster notice.

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