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(영문) 의정부지방법원 2017.08.04 2016고단3317
무고
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

On January 15, 2016, the Defendant: (a) at the Macheon Police Station located in the Gyeonggi-si, Gyeonggi-si; (b) on September 13, 2010, the Defendant forged a certificate of borrowing KRW 100 million on September 13, 2010 in the name of the Defendant to the effect that he/she lent a loan of KRW 100 million to the Defendant around September 13, 2010; (c) on November 6, 2013, the Government District Court issued a false certificate of borrowing on the real estate of KRW 19, such as Gyeonggi-si, E and F, owned by the Defendant; (d) on July 24, 2015, the Defendant attempted to acquire the said forged loan from the Defendant by submitting a complaint to the effect that he/she would be given a loan of KRW 100 million and interest thereon.

On January 28, 2016, a written complaint was submitted to the effect that “A police officer in charge is the same as the written complaint,” and on January 28, 2016, the investigation of the police station and the G Team office stated the same purport as the written complaint

However, on September 14, 2010, the Defendant borrowed approximately KRW 100 million from D to receive a successful bid of real estate, such as Gyeonggi-si E and F, in the name of the Defendant, and around that time, the Defendant’s seal impression was granted to D and thus, the Defendant’s above loan certificate was not forged, such as allowing D to prepare a loan certificate on September 13, 2010. The Defendant’s loan claim lawsuit based on the above loan certificate is not a fraudulent lawsuit, and the above written complaint was fraudulent.

Accordingly, the defendant raised D's free will.

However, the facts charged in the instant case are premised on the Defendant’s intent to borrow the loan certificate on September 13, 2010 (hereinafter “the instant loan certificate”).

On the other hand, the defendant denied it, while D stated it in investigation agencies and this court.

In addition, according to evidence duly adopted and examined, the defendant borrowed money from D at that time, the defendant's seal is affixed to the loan certificate of this case, and the defendant's seal certificate issued on September 13, 2010, the defendant's resident registration certificate, and the defendant's personal identification card are affixed.

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