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(영문) 수원지방법원 2016.01.11 2014고단6006
무고
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant was sentenced to six months of imprisonment with prison labor for the crime of false accusation in Suwon District Court, and two years of suspended execution, and the judgment became final and conclusive on July 15, 2015.

On April 14, 2014, the Defendant filed a complaint with the head of the Suwon District Public Prosecutor's Office (80 times the source No. 80) to the effect that “The Defendant shall forge a power of attorney under the name of the Defendant C with the seal impression and the certificate of seal impression in the name of the Defendant C, and affix a seal as if D had a personal seal on the well-known column in the document confirming the application for registration of the establishment of a right to collateral security, and then, on August 17, 2010, using the forged power of attorney on August 17, 2010, the Defendant filed a complaint with the purport that “The Defendant would punish the establishment of a right to collateral security after forging a false agreement for the establishment of a right to collateral security with the F, the debtor D, the maximum amount of claims amount of KRW 39,00,000 for the building owned by D with the same content.”

However, on August 17, 2010, the Defendant delegated the Defendant Nonparty C with the authority to file an application for registration of the establishment of the right to collateral security. In this regard, the Defendant’s seal impression in the name of D, the Defendant’s wife, and the Defendant’s seal impression certificate, was sent to C, and the Unmanneddo D, the document confirming the establishment of the right to collateral security, was directly stamped by the Defendant C.

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

Summary of Evidence

1. Legal statement of the defendant C by the defendant's partial statement;

1. Each legal statement of witness G and D;

1. Each statement made by the public prosecutor and each statement made by the police concerning C in the protocol of interrogation of the suspect against the accused in relation to the prosecution;

1. Entry of each part of the defendant in the protocol of interrogation of the prosecution or police with regard to C;

1. A written appraisal by an appraiser H stating each part of the protocol of the prosecutor's office and the police's statement against the defendant;

1. Notification of the results of requesting cooperation in investigation affairs;

1. Each written application for establishment of a right to collateral security:

1. Each instrument borrowed in money;

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