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(영문) 수원지방법원 성남지원 2015.11.26 2015고단1617
무고
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 2015, the Defendant prepared a false complaint against D and E by using a computer at the Defendant’s home located in Seoul Jung-gu, Seoul, and 1205 Dong 1208.

The statement of the complaint states that "The defendant defendant D and E have not lent KRW 500 million to the complainants, and they have not delegated the preparation of a notarial deed," on April 12, 2013, as if the complainants had been entrusted to the issuer at will by the complainants, false notarial deed was prepared, and on September 30, 2014, submitted this to the court for the seizure and collection order, and received the seizure and collection order. The crime of false entry in the original notarial deed, the crime of uttering of false entry in the original notarial deed, and the crime of fraud is punished for fraud." The fact was that the defendant prepared a promissory note amounting to KRW 500 million at the face value of the payment guarantee for the money borrowed from D and E and delegated it to be notarized.

Nevertheless, at around 15:00 on May 4, 2015, the Defendant submitted the above written complaint to the police officer who is unable to know his name in the subordinate police station civil service center located in the subordinate police station located in the area of 27 to the police officer.

Accordingly, the defendant reported false facts to D and E for the purpose of having criminal punishment imposed upon D and E.

Summary of Evidence

1. Each legal statement of witness E, F and G;

2. Partial statement of the defendant;

3. Application of statutes for notice of complaint, promissory note copy, power of attorney, and preparation of authentic deed;

1. The grounds for sentencing of Article 156 (Selection of Imprisonment) of the Criminal Code for the crime [Scope of Recommendation] and the basic area (6-2 years) of the first category [Determination of sentence] under the basic area (6-2 years] of the Criminal Code, there is a need for strict punishment for a crime which impedes the national criminal justice function of the State and causes the victim to be faced with an unreasonable punishment.

The victims of the defendant and the persons interested in money have been present at an investigative agency and investigated due to the defendant's accusation, and have suffered considerable mental pain.

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