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(영문) 서울동부지방법원 2015.11.04 2015고단1422
무고
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant, around June 2013, at the Seoul Gangseo Police Station, as the defendant's representative, D through Law Firm C, and "the defendant's representative, around April 2013, in the house of the complainant who was kept in the restaurant room while the complainant was working in the main room, without permission, take the certificate of his/her seal impression owned by the complainant, and has not yet returned the above seal impression to the complainant, so the defendant is punished for larceny under Article 329 of the Criminal Act.

As above, the complainant shall delegate his/her authority to commission E to prepare a notarial deed of a loan agreement for consumption of money in the amount of KRW 20 million without authorization by using his/her seal impression owned by the stolen complainant without authorization.

Article 231 of the Criminal Code, which has forged and exercised the power of attorney in the name of the complainant, is punished as a crime of forging private documents and uttering of private investigation documents Article 234 of the Criminal Code.

“The Defendant submitted a written complaint.” After August 12, 2013, the Seoul Gangseodong Police Station investigation and the Economic 3 Team “The Defendant (D) brought a seal impression after the Defendant was removed from the bank while on April 12, 2013.”

The thief has drawn up a power of attorney on the E presumed to be a bond company by using stolen seal imprint without permission and the monetary loan contract.

“Supplementary statement to the complaint” was made.

However, the fact that D does not bring the Defendant’s seal imprint without the Defendant’s permission, and rather, the Defendant needed operating funds for the operation of the restaurant in which D and D operated with D, and that it delegated D with D with the Defendant’s seal imprint, certificate of personal seal impression, and with the Defendant’s name.

Accordingly, the defendant reported false facts to public offices for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Legal statement of witness D;

1. Each protocol of suspect examination of the accused by prosecution and protocol of statement by prosecution;

1. Examination protocol of suspect regarding D by the prosecution (including part of the accused's statement);

1. Statement of prosecutor with D 1.

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