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(영문) 서울동부지방법원 2013.06.13 2013고단357
무고
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around August 2012, the defendant prepared a false complaint against C at the office of a certified judicial scrivener in the Seocho-gu Seoul Metropolitan Government Seocho-gu.

The gist of the complaint is that "the complainant has a debt of 15,00,000 won in the Seoul Eastern District Court in accordance with the conciliation protocol for the case such as the transfer of ownership, etc., and the extinctive prescription expires, and the defendant defendant defendant defendant defendant (C) submitted the receipt with Eul No. 1 as evidence No. 2 in the response of January 31, 201, and the receipt with Eul No. 2 as evidence No. 2 from the preparatory document of July 18, 2011, each of which was written by the complainant as evidence, and submitted it to the Seoul East Eastern District Court as evidentiary documents, so the defendant defendant defendant shall be punished for forgery of private documents and its uttering."

However, the fact is that C does not prepare a receipt and a letter in the name of the defendant, but the defendant directly prepares a receipt and a letter and deliver it to C.

Nevertheless, around August 27, 2012, the Defendant submitted the above written complaint to police officers who could not know their names at the Seoul Gangseo-dong Police Station located in Seongdong-gu Seoul, Gangdong-gu, Seoul. On the same day, the Defendant stated to the same effect as the investigation of the Seoul Gangseo-dong Police Station and the economic2 team office on the same day.

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol regarding C;

1. Statement made to A by the police;

1. The written request for appraisal, each written appraisal, the notification of the results of the appraisal of documents, and written notes; and

1. Application of Acts and subordinate statutes to a complaint, written judgment, conciliation protocol, reply, copy of receipt, preparatory document, and copy of each letter; and

1. Relevant Articles of the Criminal Act and Article 156 of the Criminal Act concerning the crime;

1. Articles 157, 153 and 55 (1) 3 of the Criminal Act for mitigation of confessions;

1. Article 62 (1) of the Criminal Act shall be punished by the victim of suspended execution;

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