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Reasons
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(영문) 대구지방법원 경주지원 2012.09.05 2011고단1225
무고
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A defendant shall be punished by imprisonment for not less than eight months.

However, 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 September 20, 201, the Defendant used a computer to use the said attorney-at-law’s office located in D on September 20, 201, from “F on March 2, 2007, around 11:50, the Defendant used the computer to borrow KRW 10 million from the Defendant-at-law G. However, the Defendant borrowed KRW 10 million from the Defendant-at-law’s office on July 3, 2006 by intimidation and coercion.

“Preparation of a loan certificate stating a false fact, and later the defendant filed a civil lawsuit against the complainant and subsequently the defendant acquired the above money by fraud.

In order to prepare a complaint against G with the content of "S," the public service center for the racing police station located in Dong-dong-dong-dong-dong-si at that time submitted the above complaint to an employee whose name is unknown.

However, the Defendant, upon finding G around March 2, 2007, borrowed KRW 2.2 million from G to borrow more than KRW 2,200,000, and prepared a copy of the loan certificate with the loan amount of KRW 10,000,000,000 for G and the loan amount of KRW 2.2 million, not by intimidation or coercion. However, the Defendant did not prepare the above loan certificate by threat or coercion. Although G did not have a claim against the Defendant, it did not file a false civil lawsuit against the Defendant.

As a result, the defendant raised G without any criminal punishment against G for the purpose of having G punished.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. A copy of each judgment, a copy of each agreement, and a certificate of confirmation;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

The Institute of Jind Co., Ltd.

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