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(영문) 서울서부지방법원 2013.06.12 2012고단2278
무고
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. If the defendant does not pay the above fine, 50.1 day.

Reasons

Punishment of the crime

On August 27, 2012, the defendant submitted a written complaint to the public prosecutor's office of the Seoul Western District Public Prosecutor's Office stating that "The suspect C, as the owner of the building D in Seodaemun-gu, entered into a lease contract with the complainant to lease the 1 and 200 million won underground of the above building after receiving the deposit money of 200 million won, and instead, the complainant did not comply with the request for the return of the deposit money even though the complainant demanded the return of the deposit money, he received a written complaint from the court for the purpose of deceiving the court by submitting multiple false documents, such as a false estimate, construction specifications, etc., and by deceiving the court with the above certificate, which received a judgment of fraud that the suspect does not have an obligation to return the deposit money of

However, in relation to C around 2004, the Defendant agreed that the sum of the construction cost and the unpaid rent, etc. shall be deducted from the above rental deposit and the new rental deposit shall be 20 million won. Therefore, the Defendant did not have a claim for refund of the rental deposit equivalent to 200 million won.

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

Summary of Evidence

1. The statements of the witness E in this Court;

1. Examination protocol of the accused by the prosecution (including the substitute part for C and E);

1. Records of trial in the first instance;

1. Each investigation report;

1. Application of Acts and subordinate statutes to the accused's written statement, accusation, lease contract, written petition, and pleadings;

1. Article 156 of the Criminal Act applicable to the crimes;

1. Although the defendant consistently stated that the contract document prepared in 2004 was false, he/she denies the crime. However, the defendant lost in civil procedure (Seoul High Court Decision 2010Na117285 (main lawsuit) and 117292 (Counterclaim Judgment) decided November 16, 201).

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