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(영문) 대구지방법원 2017.05.30 2016고단3318
무고
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On November 24, 2015, the Defendant prepared and submitted a written complaint with respect to C (Opening Name D) at the Daegu District Public Prosecutor's Office located in Suwon-gu, Daegu-gu, 364, with respect to the following contents, and the above written complaint was prepared at the office of the judicial scrivener around September 5, 2014 that “A, the complainant, prepared at the office of the judicial scrivener, around September 5, 2014, a written contract with the Defendant, to purchase the land, housing, and other answers in the same area as the land, housing, and Ri, in an amount of KRW 110 million, and paid the price in full.

However, on May 15, 2015, the defendant at the Daegu District Court filed a lawsuit against the complainant to pay 40 million won as additional payment for the above real estate, and it became aware that another transaction contract exists in the process.

The purport of the Defendant’s complaint is that the contract is forged by affixing the seal of the complainant on the paper of the contract prepared in advance between the complainants and forging the contract, and demanding the payment of KRW 40 million using the forged contract, and the document’s seal and the document’s authenticity are different.

In addition, on December 20, 2015, the Defendant made a statement to the effect that “The Defendant Nonparty D forged a contract for the purchase and sale of 150 million won which caused the purchase and sale of 150 million won, and thus punished.”

However, around September 4, 2014, the Defendant entered into a sales contract with C around September 4, 2014, which causes KRW 150,000,000,000 for the said real estate. However, the Defendant only entered into a sales contract which causes KRW 11,00,000 for the purchase price due to the personal circumstances of C.

In this respect, the defendant made a false accusation for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Each legal statement of witness C and G;

1. The legal statement of the witness H in part;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. A complaint - a sales agreement of 150 million won or more;

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