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(영문) 서울중앙지방법원 2014.03.06 2013고단7711
무고
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around July 18, 2013, the Defendant prepared a complaint stating that “The representative director of the G in charge of the settlement of disputes, who is the Defendant, forged the corporate seal impression of the F in charge of the settlement of disputes at a place where the date, time, and location of the president of the K in charge of the settlement of disputes cannot be known,” and that “A (person) of the F in charge of the representative director of the F in charge of the Co., Ltd., listed in the lessee column of the document “the notice following the nonperformance of the lease contract,” the Defendant affixed a forged corporate seal impression, and affixed the forged corporate seal impression in the “written” in the name of the F in charge of the settlement of disputes,” and received the above complaint to the K in charge of the public office of the Kimpo Police Station in

However, on August 3, 2012, the Defendant entered into a lease contract with H and Kimpo-si I and did not pay rent properly. Accordingly, on August 21, 2012 at H’s request, the Defendant signed and sealed the corporate seal impression of the F Co., Ltd. of the F Co., Ltd. in the column for lessee of the above “Notice following the Non-performance of the Lease Contract,” and on September 6, 2012, the Defendant signed and sealed the seal impression of the F Co., Ltd. of the said F Co., Ltd. in the “W,” which includes “each note that the Defendant would pay unpaid rent by September 14, 2012.”

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

Summary of Evidence

1. Each legal statement of the witness H, J and K;

1. Partial statement of the defendant;

1. A real estate lease contract, notice of non-performance of a lease contract, and letter;

1. A written appraisal (fore, page 81 of investigation records);

1. Application of the Acts and subordinate statutes to the complaint;

1. The grounds for sentencing under Article 156 (Selection of Imprisonment) of the relevant Article of the Criminal Act for the crime are applied to the crime. The sentencing criteria are applied to the general scope of crimes (six to two years). The crime of false accusation is a crime detrimental to the national criminal justice function of the State, causing a person against danger of unfair criminal punishment. In light of the circumstances before and after the filing of the complaint, the defendant is a person without prison labor.

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