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(영문) 서울동부지방법원 2015.07.01 2014고단1265
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 October 2013, the Defendant had the attorney-at-law working therein prepare a false written complaint about E at the law firm B office located in the second floor of the Seocho-gu Seoul Metropolitan Government D building.

From September 7, 201 to December 21, 201 of the same month, the criminal defendant Eul deposited KRW 940 million in one bank passbook in the name of the defendant's husband (hereinafter referred to as "the passbook in this case"), and made at his own discretion, using the above passbook and the seal of F, and made withdrawal of all of the above money (hereinafter referred to as "the withdrawal in this case"), E made at will using the above passbook and the seal of F, and made at will made at his own name, and made at his own discretion made a withdrawal of the above money (hereinafter referred to as "the withdrawal in this case"), and it was different from punishment as the crime of forging and uttering private documents, the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)", and the facts were written with the consent of the defendant.

Nevertheless, on October 10, 2013, the defendant submitted the above written complaint to the public service center of the Seoul Eastern District Public Prosecutor's Office in Gwangjin-gu Seoul Special Metropolitan City.

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

Summary of Evidence

1. Legal statement of witness E;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including the statement of the E);

1. Each police officer and each prosecutor's protocol of examination of E (including the statement of part of the accused);

1. The police statement against the defendant;

1. A complaint;

1. A real estate sales contract (Evidence Nos. 2), a full certificate of the matters to be registered, a certificate of payment by a bank, a bank entry, a statement of money, a statement of bank entry, a copy of H land register, a certified copy of H building register, a sales contract, a registration contract, a certificate of rights, a sales contract, an I deposit passbook for a new bank, a copy of K building register, a certified copy of K building register, a copy of an investigation report (Binding of one bank account of a complainant), a written consent, application of statutes

1. Relevant provisions concerning facts constituting an offense;

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