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(영문) 대구지방법원 서부지원 2017.10.12 2016고단2311
무고
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a non-registered credit service provider and a person who is under civil procedure, such as a loan repayment lawsuit, between Defendant C and Defendant C.

On April 26, 2016, the Defendant: (a) borrowed 1.5 million won from the complainant on May 18, 2015 without the intention or ability to repay money; (b) borrowed money from the complainant on May 18, 2015; and (c) obtained the above borrowed money by fraud as well as interest, and (d) failed to repay the principal and interest until now; (c) arbitrarily entered the name of husband D in the column for joint guarantor of the loan certificate; and (d) presented the above loan certificate to the complainant who is unaware of the forged fact after forging the loan certificate with the seal affixed; and (d) made a supplementary statement to supplement the above contents.

However, the facts are that the defendant lent 1.5 million won to C on May 18, 2015, and the defendant received 1.5 million won money from May 2015 to October 201 as interest in each month from May 2015, and received 1.590,000 won in each bill of indictment from May 2015 to October 15, and written 1.680,000 won in each bill of indictment.

Although C had received repayment and demanded C to have the joint guarantor as the joint guarantor, C had the husband enter the defective husband as the joint guarantor, and C had the name of the husband arbitrarily stated in the joint guarantor column in the position to be seen by the Defendant, and thus, C had already been aware that the above joint guarantor column was forged.

In the end, the Defendant made a false accusation for the purpose of having C receive criminal punishment by the foregoing method.

Summary of Evidence

1. The legal statement of the witness C;

1. Protocols concerning the prosecution and police interrogation of C;

1. A written complaint, etc. and a written statement by the police against the defendant;

1. Each investigation report (applicable to a list of evidence 6, 12, 13, 15, 16);

1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;

1. The Criminal Act, the suspension of execution;

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