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(영문) 서울동부지방법원 2018.01.31 2017고정1728
무고
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On January 11, 2017, the Defendant prepared a false complaint with respect to B by utilizing the accusation that was kept in the above police station, with the aim to have B criminal punishment imposed by the public service center of the Seoul Song Police Station located in 221 among Songpa-gu Seoul, Songpa-gu.

The complaint shall be lodged by the defendant for the crime of forging a private document stating that "I, without the complainant's consent on August 6, 2012, prepare a loan transaction agreement as a joint guarantor and loan six million won."

In fact, the Defendant borrowed 6 million won from Don Capital Co., Ltd. on August 6, 2012, and had a telephone conversation with Don Capital Co., Ltd. to the effect that B consented to the joint and several guarantee as above with Don Capital Co., Ltd., and it was true that B prepared a loan transaction contract as a joint and several guarantor without the Defendant’s consent.

Nevertheless, on January 11, 2017, the defendant submitted the above complaint to the public service center of the above police station, and to the police officer whose name is unknown.

Accordingly, the defendant reported false facts to public offices and made a false accusation.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Requesting cooperation with the investigation (verification of the authenticity of a loan transaction agreement);

1. Recording (including cd)

1. Application of the Acts and subordinate statutes on the complaint filed by the defendant

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. Articles 157, 153, and 55 (1) 6 of the Criminal Act to be mitigated by law;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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