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(영문) 창원지방법원 2012.06.15 2011고단1114
무고 등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[2011 Highest 1114]

1. On August 11, 2008, the Defendant filed a lawsuit claiming the cancellation of ownership transfer registration, etc. due to the invalidity of cause with the Changwon District Court (the Plaintiff: C, Jinhae Agricultural Cooperative, D, and Dogdong Community Fund) (the Plaintiff’s former wife) against C and three others, and claimed that “E, who was the Plaintiff’s former wife, stolen the Plaintiff’s seal impression design and registration certificate, etc. and sold the Plaintiff’s real estate to C and D without the Plaintiff’s permission, and thus, the said registration of ownership transfer, etc. is cancelled.”

The Defendant was present as a witness of the above lawsuit by E and her children, and the Defendant was able to see E for the purpose of winning the testimony unfavorable to the Defendant in the above lawsuit due to the defect.

On December 16, 2009, the Defendant, on December 16, 2009, prepared a false complaint with respect to E using a dern professional document, with the aim of having E receive criminal punishment from a “A certified judicial scrivener office,” operated by the Defendant in Chang-gu, Chang-si, Gowon-si, Gowon-si.

On May 15, 2009, the defendant E had been present at the court of Changwon District Court No. 219 of Changwon District Court No. 2008Na44392 of the above court and had taken an oath as a witness of the action for cancellation of ownership transfer registration, etc. at the court of Changwon District Court No. 219 of Changwon-gu, Changwon District Court No. 2008, J. 15, 2009, and instigated F to give an perjury the following perjury.

Around February 5, 2003, the Defendant instigated F to prove that “A witness’s hair was created at the request of the Plaintiff, and the witness directly heard from the Plaintiff,” even though the Defendant stolen the seal imprint, document bags, etc. of the complainant, and completed the registration of creation of a mortgage over the F’s maximum debt amount of 200 million won on the real estate owned by the complainant, which is the complainant.” Second, on January 5, 2004, even if the Defendant stolen the seal imprint of the complainant on the first half of 2003, F along with the witness and the witness’s mother at the Plaintiff’s residence.

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