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(영문) 창원지방법원 2014.08.26 2014고단1298
무고
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

From around September 7, 2011, the Defendant lent the name of the business operator to C to have C manage the station under the name of the Defendant. On September 7, 2011, in the course of borrowing money from E due to the shortage of oil payment, it is necessary to enter into a loan transaction contract, loan certificate, loan certificate, etc. under the name of the Defendant, registered as a business operator, with C along with C, and signed and sealed the name of the Defendant on the loan transaction contract, loan certificate, and receipt column.

Around May 15, 2012, the Defendant: (a) prepared a false statement of accusation stating that “A, as seen above, forged or falsified a loan transaction agreement, loan certificate, loan certificate, and receipt in the name of the Defendant; (b) around September 7, 201, in the criminal and office of the Kimhae Police Station in the name of the Defendant; and (c) submitted the above statement of complaint to the Defendant.”

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Application of receipts, loan certificate, loan transaction contract, and business registration certificate under Acts and subordinate statutes;

1. Article 156 of the Criminal Act applicable to the crimes;

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommendations based on the sentencing criteria - General non-permanent area: Imprisonment with prison labor for not less than six months nor more than two years;

2. Consideration - A favorable circumstances: A reflectivity, and without the same kind of offense - Three times before and after the suspension of the execution of this species - Other factors of sentencing specified in the records of this case, such as the defendant's age, character, conduct, health conditions, home environment, motive, means, consequence, and circumstances after the crime, shall be considered.

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