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(영문) 울산지방법원 2015.11.12 2014고단1999
무고
Text

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

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

Reasons

Punishment of the crime

On August 6, 2013, the Defendant purchased three lots, such as Ulsan-gun, Ulsan-gun, in its name, and signed a certificate of joint loan in the name of B and D, and delivered E with the signature of the borrower A and D written by the public service center of the post office located in the name of Jung-gu, Ulsan-gun, Seoul-gun, and the replacement of the construction cost equivalent to KRW 130,000,000 for the construction cost of the said construction site.

On November 2013, the Defendant filed a lawsuit claiming a loan with E as evidence of the above loan certificate, and the Defendant had the intent to file a complaint with E by forging a private document through D, who is aware of the fact that the Defendant signed the above loan certificate.

Around March 12, 2014, the Defendant submitted a complaint stating that E has forged the above loan certificate with the above D, and on the same day, the Defendant made a false statement to the effect that “E does not borrow 130 million won as the construction price, and there is no fact that E has forged the loan certificate of construction price in the name of the Party A and D, thereby bringing a civil lawsuit on the ground of the forgery of private document.” As E filed a civil lawsuit on the grounds of forgery of the loan certificate of construction price in the name of the Party A and D, the Defendant made a false statement to the effect that “a criminal punishment is to be imposed by investigating as a crime of forging private document”.

Accordingly, the defendant reported false facts to police officers to the extent that he would be subject to criminal punishment, and dismissed the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning G and D;

1. A copy of the certificate of borrowing and the Ulsan District Court Decision 2001 High Court Decision 1380 decided non-permanent;

1. Each investigation report, investigation report, copy of the decision not prosecuted by the Ulsan District Prosecutors' Office No. 2014-type 16327, copy of the complaint, copy of the document borrowed from the contract price, copy of the statement, protocol of suspect examination, copy of the protocol of suspect examination, and application

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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