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(영문) 서울중앙지방법원 2016.12.22 2016고단7575
무고
Text

A defendant shall be punished by imprisonment for six months.

except that 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

By November 2014, the Defendant borrowed KRW 27 million from C, and prepared a notarial deed of promissory notes around January 16, 2015. On the basis of the above notarial deed, C filed a complaint with C, who seized the deposit account in the name of the Defendant by obtaining a seizure and collection order from the court based on the notarial deed, and thereby, C was willing to evade the said obligation.

Accordingly, around September 2016, the defendant prepared a false complaint against C using a computer for the purpose of having C receive criminal punishment from the defendant's house located in the Nam-gu Incheon Metropolitan City D, and having C receive criminal punishment.

The criminal complaint stating that "the complainant who is an employee of the main store did not borrow KRW 27 million from the defendant's main employer, and the defendant's complainant prepared a false promissory note notarial deed as if the complainant borrowed KRW 27 million from the defendant's main employer to the defendant's office," and that "the defendant's defendant borrowed KRW 27 million from the defendant's main office, as if he/she had the defendant's office borrowed the defendant's office, the defendant's office, and seized the defendant's deposit account with the defendant's office upon receiving a seizure and collection order." However, the defendant's office was subject to a collection order based on a notarial deed written by C lending KRW 27 million to the defendant.

Nevertheless, around September 6, 2016, the Defendant submitted a written complaint to the police officer in charge at the Seoul Gangnam-gu Seoul Gangnam Police Station civil petition office, which is located in the Gangnam-gu Seoul Metropolitan Gu Guatero 113-ro, and filed the complaint with C.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Examination protocol of suspect C by the prosecution;

1. A certified copy of a notarial deed, a request for seizure and collection, and a cash custody certificate;

1. Application of the Act and subordinate statutes concerning the progress of the Supreme Court Electronic Litigation case (2016 Taz. 13250);

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

1. Judgment on the assertion by the Defendant and the defense counsel under Article 62(1) of the Criminal Code

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