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(영문) 창원지방법원 2017.01.18 2016고단3702
무고
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

From around 2012, the Defendant is working as an auditor of the Seongbuk-gu Busan Metropolitan City Association, and the above No. 310 of the B commercial building is owned in the name of C, the Defendant’s son, and the above No. 804 of the B commercial building is managed by the Defendant’s son’s son.

On June 2014, the Defendant: (a) prepared a lease contract under the name of I and J, the husband of G, with respect to the election of the chairperson of the above shopping mall; (b) prepared a lease contract under the name of I and J, which is an employee of G, and the husband of G, in order to increase the number of voting tickets on the part of F, the vice-chairperson of the shopping mall, the general secretary G, the management director H, etc., who supported E at the time of the election of the chairperson of the above shopping mall; and (c) completed the lease contract under the name of F, the vice-chairperson of the shopping mall, the management director H, etc., to support E; and (d) prepared a lease contract under the consent of the Defendant to obtain voting rights; and (e) prepared a lease contract with I and J as a replacement by the above method, and completed the registration of the business operator on August 2014, and exercised the voting rights at the time of the election of the chairperson of the shopping mall; and (e) won was elected by E.

On December 2014, the president of the above shopping mall was changed to F. From March 2015 to March 2015, G and F brought a complaint and accusation against F several times. The Defendant, having F-friendly relationship, had an intention to file a false complaint against F with respect to the forgery of the lease agreement for the above shopping mall Nos. 301 and 804.

Accordingly, the Defendant, at around March 1, 2016, had an employee who is aware of the fact at the L Certified Judicial Scriveners Joint Office located in Seongbuk-gu, Changwon-si, Sungwon-si, the Defendant arbitrarily prepared a lease contract in the name of C even though he did not enter into a lease contract with the complainant C around July 1, 2014.

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