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(영문) 서울서부지방법원 2013.11.28 2012고정771
무고
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

On September 30, 2011, the Defendant filed a complaint with the public service center of the Seoul Yeongdeungpo Police Station to the effect that C, around February 1, 2011, forged a loan certificate under the name of the Defendant and a pre-contract for sale and purchase, and submitted it to the Chuncheon District Court's Crossing Registry and exercised it.

However, on February 1, 2011, the Defendant issued a loan certificate stating that the Defendant’s claim for ownership transfer shall be registered on the Defendant’s real estate (Seoul-do Crossing-gun and E), and the address, resident registration number, and name shall be written and sealed on the pre-sale contract at a point where it is impossible to identify the trade name in front of Pyeongtaek-si located in Pyeongtaek-si. The Defendant determined that KRW 120,000,000 from C is 3% of interest per month and the due date shall be March 31, 2011.

Nevertheless, as above, the Defendant filed a complaint with C for the purpose of having C punished criminal punishment.

Summary of Evidence

1. Entry of each part of the defendant in the first and third protocol of trial;

1. C’s legal statement;

1. Each statement of witness C, F and G in the second protocol of the trial;

1. Statement of witness H in the third protocol of trial;

1. Statement of witness I in the fourth protocol of the trial;

1. Notification of the unmanned appraisal result and the result of documentary appraisal;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the selection of punishment;

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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