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(영문) 창원지방법원 거창지원 2014.01.08 2013고단147
무고
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On November 20, 2012, the Defendant submitted a false complaint stating that “D shall, without authority around February 15, 2008, enter the name and resident registration number of the instant office in the lease contract, and deliver the lease contract to E for its use, the Defendant shall be punished for its use.”

As a result, the defendant raised D without the intention of having D receive criminal punishment.

2. The gist of the defendant's assertion is that the defendant and his defense counsel did not grant D the authority to enter into a lease agreement on behalf of the defendant on behalf of the defendant, and therefore, the real estate lease agreement entered into in the name of the defendant was forged. Ultimately, the defendant's complaint against D on the ground of fabrication of private document does not constitute a false and false report.

3. Determination

A. The following facts are acknowledged according to each description of the witness D, E’s testimony and criminal records, real estate lease contract, and investigation report (Attachment of D’s judgment):

(1) On July 18, 2006, the Defendant was prosecuted for a charge of false accusation, etc., and was sentenced to one year and six months of imprisonment with prison labor on December 2006 (which became final and conclusive on August 23, 2007). At the time of the above sentence, the Defendant had opened passbooks and seals to D, and D had managed the Defendant’s property with passbooks and seals from that time.

(2) Around February 15, 2008, D leased, on behalf of the Defendant, the instant office owned by the Defendant, the deposit and monthly rent, respectively, to E by setting the lease period from February 18, 2008 to February 18, 201.

(3) above.

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