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(영문) 수원지방법원 2015.01.28 2013고단7215
무고
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 11, 2013, the Defendant affixed a false seal on the complaint of D, which was written by C using a computer, at the Seoul Southern Detention House located in Guro-gu Seoul, Guro-gu, Seoul, with the Defendant’s request.

The accusation statement states, "If the complainant did not have prepared the claim transfer and takeover contract, he has forged the above contract under the name of the complainant and submitted it to the civil court, and thus punished." However, on May 27, 201, the defendant concluded the claim transfer and takeover contract with D and prepared and delivered the claim transfer and takeover contract under the name of the defendant to D.

Nevertheless, around July 11, 2013, the defendant submitted the above written complaint to the employees in distress through the above C at the public service center of the Suwon District public prosecutor's office located in 80 Dong-dong, Suwon-si, Suwon-si.

In this respect, the defendant was arrested for the purpose of having D receive criminal punishment.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Entry of D in the protocol of interrogation of suspects in relation to D and each statement of the accused in the prosecution;

1. A complaint;

1. A certificate of borrowing;

1. Contracts for transfer and takeover of bonds;

1. Application of Acts and subordinate statutes to investigation report (Hearing of Statements C);

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

1. Reasons for sentencing under Articles 157 and 153 of the Criminal Act for mitigation of confessions and mitigation [decision of types] and the grounds for sentencing under Article 153 (Decision of Punishment] and the factors for mitigation [Specially Convicted Persons]: Self-denunciation and confession [Scope of Recommendation Punishment] from one month to one year;

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