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(영문) 춘천지방법원 2017.01.10 2016고단1101
무고
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 2013, the Defendant: (a) at the law firm sampling office located as a former citizen in Ansan-si, the Defendant: (b) forged a certificate of borrowing under joint signature with A and D to the effect that “A and D borrowed 60 million won at the expense of “A” and D, using a computer, for the purpose of having C obtain criminal punishment; (c) at the law firm sampling office located as the former citizen; and (d) drafted a false statement to the effect that “A and D borrowed 60 million won at the expense of the Sincheon-gun District Court around August 2013, 2013, upon filing a lawsuit for a loan against A; (d) submitted a forged certificate of borrowing; and (d) intended to obtain pecuniary benefits equivalent to KRW 60,000,000 from A upon receipt of payment order from the court; (d) however, A filed a lawsuit of demurrer to a claim, thereby punishing C for attempted attempts.”

However, it was true that the defendant and D have drawn up a loan certificate with his own interest and C did not forge the above loan certificate.

Nevertheless, around November 11, 2013, the Defendant submitted the above written complaint to the police officer who is unable to know his name in the Seodaemun-gu Seoul Western Police Station civil petition office located in Seodaemun-gu, Seoul.

Accordingly, the defendant reported false facts to public offices and made a false accusation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Investigation report (a copy of the complaint filed by the person to whom the report is filed or a copy of the statement);

1. Copy of the loan certificate;

1. Application of Acts and subordinate statutes of a copy of each fact confirmation document of E and F;

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be mitigated by law;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Confession of the recommended punishment according to the sentencing guidelines [the scope of punishment [the types of crimes] Type 1 (Special Dismissal) (Special Mitigation element], confession [the scope of recommended punishment] from one month to one year (the area of mitigated punishment];

2. Determination of sentence;

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