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(영문) 서울동부지방법원 2016.01.15 2015고단367
무고
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

On August 11, 2014, the Defendants drafted a letter of complaint stating that “The Defendant F, the representative director of the E Co., Ltd., has forged the documents, such as the written resignation, the written statement, the end, and the explanatory note, in the name of the Defendants, which are the U.S. dollars belonging to E Co., Ltd., thereby punishing them.”

After that, on September 12, 2014, Defendant B stated to the effect that, on September 15, 2014, Defendant A stated to the effect that “The above accusation aims to punish persons who have actually forged documents,” at the Seoul Seongdong-gu Police Station investigation and economic team office located in Seongdong-gu Seoul, Seongdong-gu, Seoul, Seoul, for a king square, Defendant B stated to the effect that “The head of the management office who prepared the document is C.”

However, in fact G did not forge the above documents, and the defendants either directly prepared the above documents or affixed a seal to the documents by other employees.

Nevertheless, at around 10:30 on August 11, 2014, the Defendants submitted the above complaint stating false information to the officials in charge at the integrated public service center of the Seoul East-gu Seoul Metropolitan Government District Public Prosecutor's Office.

As a result, the Defendants conspired with G for the purpose of having G receive criminal punishment.

Summary of Evidence

1. Defendant B’s legal statement

1. Legal statement of witness G;

1. Each police statement made against the Defendants

1. A complaint;

1. A full certificate of matters registered;

1. To send a written reply and request the submission of a written reply;

1. Application of each statute of appraisal;

1. Relevant Article of the Criminal Act and Articles 156 and 30 of the Criminal Act concerning the selection of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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