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(영문) 수원지방법원 안양지원 2017.12.15 2017고단1114
무고
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On March 6, 2016, the Defendant prepared a false complaint against E using a computer from the Defendant’s house located in Ansan-gu D during the period of Gyeyang-gu around March 6, 2016.

The written complaint states that "The defendant Eul, a plaintiff, intended to reside free of charge in his/her own F Housing (hereinafter referred to as "the Housing in this case"), shall prepare a false real estate lease agreement with the effect that he/she would reside in the housing in his/her own name after paying approximately KRW 30 million around June 30, 2012, and shall forge a real estate lease agreement under the name of the complainant with his/her seal affixed on the name of the complainant in the lessor column (hereinafter referred to as "real estate lease agreement in this case"), and shall forge the lease agreement under the name of the complainant with the seal affixed on the name of the complainant in the lessor column. On January 2016, 2016, the name-to-be lawsuit (No. 2015Da128244) is a document duly formed by the Suwon District Court, and thus, a request to punish him/her as if the document was a document duly formed."

However, in fact, while the instant house was owned by G in a private relationship with the Defendant and the Defendant, E had around August 2010 residing in the instant house and received approximately KRW 30 million under the name of deposit several times from around August 2010 to October 201 of the same year from around August 2010. On June 2012, E, who became aware that the instant house was owned by G, other than the Defendant, requested the Defendant to prepare a written contract and prepared the said real estate lease contract with the consent of the Defendant.

Nevertheless, the defendant submitted the above complaint to the public official in charge at the public service center of the Suwon District Public Prosecutor's Office, which is located in the 52-ro 212-h, the Gu office of the Suwon District Public Prosecutor's Office on March 7, 2016.

Accordingly, the defendant made a false accusation against E for the purpose of having a criminal punishment imposed upon E.

2. We examine the judgment. The defendant received the lease deposit from E as stated in the facts charged, and consented to the preparation of the real estate lease agreement of this case, stating the purport thereof.

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