(영문) 창원지방법원 2012.11.22 2012고정902

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(영문) 창원지방법원 2012.11.22 2012고정902

무고

Text

1. The defendant shall be punished by a fine of three million won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On December 29, 2011, the Defendant prepared and submitted a false complaint against C with the purpose of having C receive criminal punishment, at a macro-police station located in the Maol 2-dong, Mao-si, Mao-si.

The complaint shall state that “A person complained against the defendant shall prepare at will a letter of payment stating that the complainant shall pay 5,960,000 won to the defendant, and after signing and sealing the complainant’s seal, it shall be recorded and won by submitting it to a civil court.” The complaint shall state that “C, which is the defendant’s seal affixed on the statement of payment, shall be affixed to the defendant’s letter of payment.” As such, C did not have any fact of arbitrarily preparing a letter of payment

Nevertheless, the defendant did not admit C as such.

Summary of Evidence

1. Partial statement of the defendant;

2. Each legal statement of C, D, and E;

3. Statement A;

4. A complaint, a copy of a statement of payment, a copy of a complaint, a copy of a written judgment, a copy of a certificate of personal seal impression (A), a copy of a Cash Receipt (C), and a copy of a resident registration certificate;

5. Each protocol of seizure (field), each list of seizures, and the reason for conviction of the assistant report for appraisal requests (National Science Investigation Institute) made a statement that the defendant had no way to use the seals affixed to the above bill of payment request at the police investigation stage, and the defendant's assertion that the seal was lost only if the identity of the seal was revealed. In addition, even though the above letter of payment was stated in the complaint of related civil procedure as core evidence, it was difficult for the defendant to trust his statement because he did not assert the forgery thereof in the first instance trial, and he did not make any assertion about the loss while filing an appeal, and it is consistent with the important part of the statement made by the witness C, D, and E, and in particular, D, which did not have an interest in the payment request by waiver of the defendant's claim against the defendant, and even according to the defendant's assertion, it was impossible for the defendant to prepare C, etc. a cash receipt containing the intent of agreement on the claim

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