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(영문) 부산지방법원 동부지원 2018.08.29 2018고단31
무고
Text

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

Reasons

Punishment of the crime

On March 23, 2017, the defendant submitted a false complaint at the public service center of the Busan District Public Prosecutor's Office located in 19 Do-ro 112, the Busan District Public Prosecutor's Office, the Busan District Public Prosecutor's Office, which is located in 19 Do-dong, to the Busan High Public Prosecutor's Office.

The contents of the written complaint are as follows: "A, which is a local community, used a forged transfer contract under the name of A on April 19, 2013 on the date of 2013.

The above transfer contract contains a statement that (A) A acquires all the rights to the above apartment 505 on the condition that (A) A (A) A (C) A was leased for gold KRW 10 million to D, and (C) B was paid for the above gold KRW 10 million in lieu of D. In relation to the above transfer contract, the right to the above apartment 505 is transferred to D.

However, the above transfer contract is forged by C, and A does not have any original entry in the contract, nor has it signed the contract.

C As above, on September 26, 2013, the Plaintiff submitted a forged transfer contract to the Busan Southern Police Station as evidence of a fraud case, and upon around around September 2014, the Busan District Court 2014, as evidence of the case of claiming unjust profit-making claim, and exercised it, and as such, the Plaintiff was punished for fraud by deceiving the Busan District Court and receiving a favorable judgment.

However, the facts are that C and the defendant have prepared the above transfer transfer contract under the agreement, and the defendant has directly signed the transfer contract in the name of the transferor.

In this respect, the defendant made a false accusation for the purpose of having C receive criminal punishment.

Summary of Evidence

1. The legal statement of the witness C;

1. Each protocol concerning the examination of suspect C by the police (including cross-examination of the accused);

1. Statement made by the police against the defendant;

1. Statement made by the police with regard to F;

1. Copy of the statement made to supplement the complaint, or copy of the suspect suspect A examination protocol;

1. Complaint;

1. Details of transactions on deposit accounts;

1. A copy of the transfer agreement (10 pages of evidence records);

1. A copy of the kindergarten assistant occupancy certificate;

1. Busan District Court.

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