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(영문) 대구지방법원 2016.01.28 2015고단586
무고
Text

Defendants shall be punished by imprisonment for eight months.

However, each of the above cases against the defendants for two years from the date of the final conclusion of the judgment.

Reasons

Punishment of the crime

Defendant

A is a person who operates a lawsuit for the issuance of a motor vehicle license plate and invests 22% of the shares in the funeral hall of the E Hospital in Yongcheon-si D, and the defendant B is a person who invests 11% of the shares in the funeral hall.

On September 26, 2013, the Defendants submitted a written complaint to the public service center of the Yeongdeungpo-gu Police Station in the Sincheon-gu Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City 105-1, and filed a complaint against F, the representative of the funeral hall of the above E Hospital, for the crime of forging private documents.

The contents of the complaint are that "The defendant prepared and made a letter of delegation to prove the content of 1.4 billion won in the form of the F, A, B, and G in the middle of the trade name in the Daegu Suwon-si, the defendant submitted a false letter of confirmation to the effect that "The F shall be classified into individual shares in the H Medical Foundation, not the power of attorney, and the contract sex with H Medical Foundation, and submitted it as evidence for civil procedure, which would be punished."

However, the confirmation document (hereinafter “the confirmation document of this case”) is not false, but it was signed and sealed by the Defendants directly. There was no forgery.

Nevertheless, the Defendants conspired to commit the F with a view to having the criminal punishment imposed.

Summary of Evidence

1. Each legal statement of witness F, I, and G;

1. Judgment of 15 civil division (141 pages of investigation records) of the Daegu District Court and judgment of the high court (156 pages of investigation records); and

1. A written appraisal (105 pages for investigation records);

1. A copy of the complaint (referring to eight pages for each investigation record) and a copy of the written confirmation submitted by the defendant (referring to 15 pages for each investigation record);

1. Application of the Acts and subordinate statutes to the investigative report (the original document, such as a written confirmation submitted by the suspect), the original photograph of the confirmation letter (A, G, B), and the certificate of seal imprint (A, B, and G);

1. The Defendants: Article 156 of the Criminal Act; Articles 156 of the Criminal Act; Articles 15 and 155 of the Criminal Act;

1. Defendants on probation: The reasons for sentencing under Article 62(1) of the Criminal Act

1. One kind of the sentencing criteria (the scope of the recommended punishment).

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