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(영문) 대전지방법원 2018.12.13 2018고단2239
무고
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 19, 2018, the defendant prepared a written complaint to the public service center of the Daejeon Pungdong Police Station, which is located in the Daejeon Pungdong, in the 112, to the effect that "the defendant Eul who is the defendant Eul, forged the check of the political party of the Co., Ltd. and requested the bank to pay the check of the Co., Ltd., and punished it," and on the same day, the defendant made a supplementary statement as the complainant for the above case at the investigation of the Daejeon Pungdong Police Station and the office of the two team office of the economy on the same day.

The statement was that “the complainant is the representative of C Co., Ltd. of the agricultural company, and the defendant B, from December 18, 2017 to January 8, 2018, at a blank space, he had been punished by forging three copies of the current check (D, E, and F) with the total amount of KRW 110 million,00,000,000,000 for the current check at a blank space where he had the seal impression of C Co., Ltd. arbitrarily affixed on the back of the check, and by giving endorsement to a third party.”

However, on December 4, 2017, the Defendant: (a) lent the name as the representative of C Co., Ltd. of an agricultural company that was agreed to take over by B; and (b) received KRW 30 million in return for the lending of the name; (c) completed the registration of the director and representative of C’s in-house director and representative of the said C around December 15, 2017; and (d) on December 18, 2017, the Defendant entrusted B with the issuance of the said C’s check at the “H Certified Judicial scrivener Office” office located in the Seo-gu, Seo-gu, Seoul Special Metropolitan City on December 18,

Accordingly, the defendant reported false facts to B for the purpose of having criminal punishment imposed upon B, and made a false accusation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused or I by the prosecution;

1. Statement made by the police against the defendant;

1. A written statement of I;

1. A complaint, a copy of the current check, a certificate of transfer by a legal entity, and an accusation of an illegal check;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act 1.

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