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(영문) 서울서부지방법원 2017.10.27 2017고단1726
무고
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal records] On August 31, 2016, the Defendant was sentenced to a suspended sentence of one year for six months by imprisonment with prison labor at the Seoul Western District Court, and the above judgment became final and conclusive on December 21, 2016.

[Criminal facts] The Defendant was a director of C Co., Ltd., and C Co., Ltd was a civil or criminal dispute regarding auction of the site of D and hotel.

On April 2016, the Defendant prepared a letter of confirmation of facts related to the above auction and issued D with D around April 2016, and D submitted the certificate of facts related to the auction to the Suwon District Court, which was in the process of civil litigation related to the auction, and sentenced D with this intent to attract the outcome of the trial favorable.

Thus, around April 11, 2016, the Defendant: (a) ordered E, the representative director of C, a stock company, to prepare a written complaint against D with respect to the said fact, from the office of Yongsan-gu Seoul, the F and the third floor around April 11, 2016, and from the office of Yongsan-gu, Seoul, to prepare a written complaint against D with computers.

The content of the complaint is that D has forged one copy of the fact-finding certificate under the name of the defendant and submitted it to the court for its use, but the above fact-finding certificate was not forged by the defendant himself.

Nevertheless, the Defendant signed the complaint form prepared by E around April 11, 2016, and had E submit the above complaint form to the Seoul Central District Public Prosecutor's Office in Seocho-gu Seoul Seocho-gu.

Accordingly, the defendant had D without the purpose of having D receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police with regard to D;

1. A criminal investigation report (a report accompanied by a complaint related to this case);

1. Application of statutes on a copy of fact-verification;

1. Relevant Article 156 of the Criminal Act concerning the facts constituting an offense, Article 156 of the Criminal Act selecting a fine, and the choice of

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70 of the Criminal Act to attract a workhouse.

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