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(영문) 울산지방법원 2018.01.12 2016고단4679
무고
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

On May 10, 2016, the Defendant drafted a false complaint with respect to F in the Attorney E-Law Office located in Ulsan-gu, Ulsan-gu, Seoul-do.

Of the written complaint, the part concerning the forgery of a private document to F and the execution of the above investigation document related to F was "F, which is the defendant's lawsuit, is able to proceed with G business by the final judgment of the Supreme Court on June 24, 2015, and on September 2015, the complainant received 50 million won in the name of the complainant and transferred the right related to G business to the defendant in the name of the complainant.

Around September 2015, “a letter of waiver of a right” was forged, and the said letter was presented to H that he/she knew of the forgery.

“........”

However, on July 5, 2007, the Defendant entered into an agreement with F to transfer all the authority regarding G development project, the sole business which was promoted by the Fund A, to F, to F, in excess of KRW 550 million, and the Defendant issued F a “agreement” in which the content of the agreement was written, and there was no fact that F used the said document by forging it.

Nevertheless, on May 10, 2016, the defendant submitted the above complaint to the public prosecutor's office of Ulsan District public prosecutor's office located in the area of 45, as the law of Ulsan Nam-gu, Ulsan District public prosecutor's office.

In the end, the defendant was sentenced to F for the purpose of having F punished criminal punishment.

Summary of Evidence

1. Partial statement of the defendant (admitting only the fact that a written complaint has been submitted in the judgment);

1. The witness F, H and J's respective legal statements, and some of the witness K's legal statements;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Some of the statements made by the prosecution and the police against the defendant;

1. A complaint, a certificate of all registered matters, a business registration certificate, a copy of indictment, a transcript of each record of indictment, a certificate of contents, a copy of the decision of the Supreme Court, a copy of confirmation, a letter of agreement, a loan certificate,

1. Each investigation report (the analysis and attachment of sound recording CDs), (L) search for business owners, and attaching a list of results of 112 reported processing), applying the statute 1.0

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