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(영문) 대구지방법원 서부지원 2015.01.28 2014고정1197
무고등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around July 12, 2011, the Defendant drafted a false complaint against E using a computer at the office of the D Company in Daegu-gun Co., Ltd. (C).

On May 7, 2009, the complaint contains a real estate lease agreement stating that “Defendant E, the complainant, has forged a real estate lease agreement with the complainant, and sold it to the Seo-gu District Court Branch of the Daegu District Court, which would be punished as a crime of forging a private document or uttering of a falsified investigation document,” and that “E, with the consent of the defendant, prepared the above real estate lease agreement with the defendant and did not forge it.”

Nevertheless, on July 13, 2011, the Defendant submitted the above complaint to the police officer who could not know his name in the Daegu Pacific Police Station civil petition office located in 321-1, Daegu Haak-si, Daegu-si.

In this respect, the defendant committed a false accusation for the purpose of having E receive criminal punishment.

2. On March 2, 2014, the Defendant: (a) around March 2, 2014, at a H plant operated by the Defendant in Daegu-gun District Court F, the enforcement officer affiliated with the Seo branch branch branch of the Daegu District Court removed, without permission, an indication of provisional measures prohibiting the transfer of possession of corporeal movables attached to GX7 machinery, by the provisional measures prohibiting the transfer of possession thereof; (b) deliver the said machinery to J, carrying the said machinery on the 1 ton truck; and (c) on March 18, 2014, separately divided the hedging parts of the said machinery and sold it to J.

Accordingly, the defendant damaged the indication of attachment and other compulsory disposition that a public official performed in his duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Complaints of E preparation;

1. Real estate lease contract (E-G), written decisions (name of buildings, etc.) (E-G), written rulings (name of buildings, etc.), written rulings (2012Na23762) and written rulings (name of buildings, etc.), notice of the result of disposition of the suspected case (No. 32547), notification of reasons for non-prosecution (No. 201 type No. 32547), and notification;

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