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(영문) 서울동부지방법원 2014.05.13 2014고단744
무고
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 2013, the defendant received a request from B known to the general public to request the guarantee of the loan, and agreed that B was a joint guarantor by telephone and hearing explanation of the liability of the joint guarantor from four loan companies, such as the loan in the location of the loan, which B received the loan, and then becomes a joint guarantor.

When the Defendant was urged from the above lending companies to repay B’s loans as joint and several sureties, the Defendant was willing to pressure B to repay the above loans and to file a complaint against B to exempt the Defendant from the Defendant’s joint and several liability.

On February 17, 2014, the Defendant: (a) requested a certified judicial scrivener whose name is unknown in Gwangjin-gu Seoul Special Metropolitan City to a certified judicial scrivener whose name is unknown; and (b) prepared a complaint stating that “the Defendant Nonparty B punished for forging a joint and several surety contract under the name of the complainant; and (c) the Defendant consented to the above loan as a joint and several surety; (d) there was no forgery of the Defendant’s joint and several surety contract under the name of the Defendant.

Nevertheless, on February 18, 2014, the defendant submitted the above complaint to police officers who cannot know their names in the Seoul Gwangjin-gu Seoul Special Metropolitan City Gwangjin Police Station civil petition office, which is located in 167.

Accordingly, the defendant was arrested for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. Statement of the criminal complaint, the police statement of the defendant;

1. The replys to requests for cooperation in investigation affairs, replies to requests for cooperation in investigation affairs, and the application of Acts and subordinate statutes of each record;

1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;

1. Articles 157, 153, and 55 (1) 3 (Confession) of the Criminal Act, which are statutory mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Type 1 (General Dismissal);

2. A special sponse;

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