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(영문) 서울남부지방법원 2018.08.17 2017고정1389
무고
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

On December 16, 2016, at the Seoul Southern District Public Prosecutor's Office's Office located in Yangcheon-gu Seoul Metropolitan Government, 390, the Defendant prepared and submitted a false complaint to the Seoul Southern District Public Prosecutor's Office stating that "B did not sell and sell the portion of public land E of the building in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, which is owned by the Defendant, to C, and that C would sell the portion of public land E of the building in Yeongdeungpo-gu, Seoul, Seoul, on October 25, 2013, around October 25, 2013, the Defendant received KRW 15 million under the pretext of contract deposit and balance, and, in relation thereto, the Defendant forged a receipt to the effect that he received KRW 15 million under the pretext of contract deposit and balance, and then shipped it to the Seoul Southern District Public Prosecutor's Office."

However, on October 25, 2013, the Defendant agreed to transfer the public land of Yeongdeungpo-gu Seoul Metropolitan Government D building E to B under the name of service for the F Association head, and accordingly, the Defendant and B entered into a real estate transaction contract and receipt under the name of C, the ASEAN, the Defendant and B.

Nevertheless, the defendant was sentenced to B and C for the purpose of having criminal punishment imposed on B and C.

Summary of Evidence

1. Statement made by the witness B in the third public trial protocol;

1. A protocol concerning the examination of suspect B by the prosecution (two times);

1. Investigation report (attached data submitted by a suspect - Contracts for the Sale of Real Estate, etc.);

1. Application of Acts and subordinate statutes to investigative reports (Submission of suspect additional data and interview reports);

1. Relevant Article 156 of the Criminal Act concerning the facts constituting an offense, Article 156 of the Criminal Act selecting a fine, and the choice of

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The argument that the defendant was not only in a state where he had no accurate memory or awareness of objective facts since the age of the defendant, but also the writing of the real estate transaction contract and the receipt is the defendant.

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