(영문) 서울서부지방법원 2017.10.17 2016고단4000

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(영문) 서울서부지방법원 2017.10.17 2016고단4000

무고

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The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On April 19, 2016, the Defendant prepared a written complaint with respect to the instant real estate in Mapo-gu Seoul Metropolitan Government C (hereinafter “the instant real estate”) and with respect to the instant real estate in Mapo-gu, the Defendant: (a) prepared a lease agreement with the lessor D, the lessee, and the deposit amount of KRW 40 million for the lease; and (b) prepared it through E; and (c) submitted the above written complaint to the police officer who could not know the name of the public service center of the Mapo-gu Seoul Mapo Police Station located in 183 as Mapo-gu, Seoul on the same day.

However, on October 12, 2009, the Defendant sold the instant real estate to D in KRW 500 million, without notifying the Defendant of the fact that F already leased two rooms located in the instant real estate in KRW 20 million from the Defendant, and the Defendant concluded a sales contract to rent the entire instant real estate from D in KRW 60 million. After the conclusion of the sales contract, the following facts revealed after the conclusion of the sales contract, the Defendant agreed to deduct F’s deposit from KRW 60 million to KRW 20 million. On November 26, 2009, the Defendant signed the lease contract with KRW 40 million (hereinafter “the instant contract”). Around November 26, 2009, the Defendant’s seal impression was affixed thereon.

Accordingly, the defendant submitted a false complaint to the police station for the purpose of having D receive criminal punishment.

2. In full view of the following circumstances that can be grasped by the records, there is a possibility that the defendant would have submitted a letter of accusation to believe that the contract of this case was actually forged, and the evidence submitted by the prosecutor alone has the intention to commit a false accusation against the defendant.

The facts charged have been proved to the extent that there is no reasonable doubt and conviction

It is difficult to see it.

D through E, the defendant, who is his father.

유사 판례

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