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(영문) 인천지방법원 2016.08.19 2016고단2794
무고
Text

A defendant shall be punished by imprisonment for 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 February 24, 2016, the Defendant, at a law firm D office located in the Nam-gu Incheon Metropolitan City, had a person E among real estate employees, among real estate employees, prepare a false complaint with respect to E using a computer for the purpose of having a criminal punishment imposed upon E.

The complaint prepared a sales contract stating that the amount consulted with A exceeds 20 million won, and that the purchase price is 60 million won, and thereby, E, the defendant, who is the defendant, obtained the amount of KRW 20 million, which is the future difference, from the buyer and acquired the amount from the buyer.

“The purport of “” is to that effect.

However, on January 23, 2015, the Defendant knew that, at the time of preparing a sales contract as a broker of E, a sales contract of KRW 40 million was made, the Defendant directly signed and sealed the contract and agreed on the amount of the purchase price under the sales contract.

Nevertheless, on February 24, 2016, the defendant submitted a written complaint to the public prosecutor's office of the Incheon local public prosecutor's office located in the Nam-dong Incheon Metropolitan City, where his name cannot be known, and filed a written complaint to the public official in charge and filed the complaint with E.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the suspect by each prosecutor against the defendant or E;

1. Statement made by the police against the defendant;

1. Filing an accusation, statement of full payment of loans, inquiry into details of liquidity transactions, certificates of details of loan transactions, certificates of registered matters, application of Acts and subordinate statutes of the real estate transaction contract;

1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;

1. Articles 157 and 153 of the Criminal Act to be mitigated by law;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] Class 1 (General Dismissal) area (one month to one year), the number of self-denunciation [the person who is subject to special mitigation] and confession [the decision of sentence] is contrary to the defendant and recognized as committing a crime, and the defendant is the defendant.

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