(영문) 인천지방법원 2018.09.19 2017고단9214

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(영문) 인천지방법원 2018.09.19 2017고단9214

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 2017, the Defendant had D, at the law firm C office located in Seocho-gu Seoul Metropolitan Government, prepare a false complaint about E, F, and G in the name of the Defendant’s wife H.

A written complaint states, “A person who conspireds with Defendant E, F, and G on August 20, 2014 and arbitrarily alters the delegation of H’s name or agreement for the establishment of the right to collateral security (hereinafter “instant agreement for the establishment of collateral security”) necessary for the establishment of the right to collateral security (hereinafter “the instant agreement”), and that “A person who created the right to collateral security (hereinafter “registration for the creation of collateral security”) with the maximum amount of KRW 660 million for the shares of land and buildings owned by Defendant M, Yongsan-gu Seoul and its ground, and for J apartment K in Gyeyang-gu, Incheon (hereinafter “the instant registration for the establishment of collateral security”), there was a fact that: (a) the alteration of private document; (b) the alteration of the original document; (c) the filing of the document; (d) the filing of the document; and (d) the electronic record, such as an electronic record recorded therein, and thus, (c) the Defendant signed the agreement for the establishment of the right to collateral security with H’s seal security affixed to 3005 billion won.

Nevertheless, on March 31, 2017, the Defendant submitted a false complaint to the Incheon District Public Prosecutor's Office on May 11, 2017, upon receiving a notice of the decision to commence a voluntary auction procedure based on the right to collateral security with respect to the above real estate owned by H.

In this respect, the Defendant made a false accusation for the purpose of having E, F, and G receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of the defendant in part in the first trial record;

1. Each legal statement of witness E, F and G;

1. Part of the witness L.

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