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(영문) 서울남부지방법원 2016.08.18 2015고정2623
무고
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 11, 2015, the Defendant forged a real estate transaction agreement under the name of the Defendant with the effect that the Defendant would sell the real estate at KRW 3.8 billion (F hotel) located in Pyeongtaek-si in Gyeonggi-do to D around April 11, 2014, and presented it to G around April 2014.

“Forming a complaint,” the content of which was written.

However, on April 2014, the Defendant decided to sell and sell the above F hotel to C, and C received a loan as a security, and paid the purchase price, and C consented to prepare the above F hotel at will, after hearing that a real estate transaction contract for the above F hotel is necessary to obtain a loan from C, it is necessary to prepare it at will.

Nevertheless, on April 13, 2015, the Defendant submitted a written complaint to the Gangseo-gu Seoul Western Police Station, Gangseo-gu, Seoul, 308, and filed it with C.

Summary of Evidence

1. The legal statement of the witness C;

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

1. Application of Acts and subordinate statutes to G of a copy of the police statement;

1. Article 156 of the Criminal Act applicable to the crime and Article 156 of the Selection of Punishment Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is due to the fact that the Defendant’s motive for filing a complaint against C was used as a tool for committing fraud against a third party by exercising a transaction contract, which was based on the premise that the motive for filing a complaint against C was used only for a bank loan, by a third party, not a bank, and that the investigative agency cancelled a complaint against C, the same sentence as the order shall be determined in consideration of the cancellation of the complaint against C.

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