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(영문) 전주지방법원 2017.11.13 2016고단1688
무고
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 25, 2015, the defendant prepared a false complaint against E using a computer from D operated by the husband of the defendant who is in the Full-gu Seoul Special Metropolitan City C.

The written complaint states that "the defendant E forged the signature of the application for the insurance in the name of the complainant and submitted it to the Educational Life Insurance Office for the use of it. After purchasing the insurance in the name of the complainant, he/she transferred the insurance premium of 3 million won in total from the account in the name of the complainant to transfer the insurance premium of 10 million won every ten times from the account in the name of the complainant, and the signature of the above application for the insurance was made by the defendant." The signature of the above application for the insurance was made by the defendant, with the consent of the defendant, there was no fact that Eul forged the application or purchased the insurance without the consent

Nevertheless, on January 26, 2016, the defendant submitted a written complaint to the former Local Public Prosecutor's Office of the former Local Public Prosecutor's Office, which is located in Seo-gu Seoul Special Metropolitan City, Seo-gu, Seoul Special Metropolitan City, 25.

Accordingly, the defendant thought that E would be subject to criminal punishment.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Entry of the witness E and G in the second public trial records;

1. Part concerning the statement of each E in the suspect interrogation protocol against the accused by the prosecution

1. Statement of the police statement related to G;

1. A complaint, a detailed statement of deposit transaction records, and an application for insurance contract;

1. Investigation report (related to the H currency of the teaching life);

1. Investigation report (report on confirmation of subscription to the mobile phone notification service at the time of entering or leaving);

1. Requesting factual inquiries (the head of assistance in the business of the former North Korean bank);

1. Application of Acts and subordinate statutes to a investigative report (report on the details of transactions on the bank account before this title is attached);

1. Article 156 of the Criminal Act concerning the facts constituting the crime;

1. Determination of the defendant and defense counsel's assertion of alternative imprisonment with labor

1. The summary of the argument is that the defendant E, a defendant, forged the application for self-insurance on January 29, 2015 under the name of the defendant, and thus, the defendant does not report false facts.

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