logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.08.07 2013고단5320
무고
Text

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

Reasons

Punishment of the crime

On September 8, 2009, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Seoul Central District Court, and the execution of the sentence was completed on January 13, 2011 by the Childbirth Training Prison.

The Defendant borrowed KRW 144,30 million from G on April 3, 2005, and prepared a loan certificate of KRW 150 million in the name of H. In addition, the Defendant created the right to collateral security, which is real estate owned by the Defendant, with the amount of KRW 100 million as the mortgagee H and the maximum debt amount of KRW 195,00,00,00,000, which is the real estate owned by the Defendant. On July 3, 2012, the Seoul Central District Public Prosecutor’s Office had reported the claim normally at the auction procedure of the said real estate commenced with the application of the senior mortgagee around the end of 2006 and received some of the above amount of the above amount of claims. However, on July 3, 2012, H established a false collateral security with respect to the I apartment 101,104, which is owned by the Defendant and received dividends from the auction court around March 24, 2007.”

As a result, the defendant raised a false accusation against H for the purpose of having H receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness J;

1. Protocol of the examination of the witness in relation to J, H and G;

1. Briefs (Nos. 2 of evidence lists);

1. An interrogation protocol of the police officer with H (No. 3)

1. Complaints of the accused and the statement concerning them (No. 12, 13)

1. A suspect interrogation protocol of H (No. 14 in order);

1. One copy of the first and second trials (No. 22); and

1. A statement of transactions in the accounts of a new bank and our bank (No. 24,25);

1. One copy (including a written request for financial transactions) of each loan execution document (including a written request for a financial transaction) in which loans are KRW 160 million;

1. One copy of each corresponding part of the records on criminal procedure (number 32);

1. One copy of the details of the adjustment of the amount of damage, such as victim G, etc. (No. 34);

1. The current status of personal identification/Incarceration (No. 53) 1.1.

arrow