logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.08.19 2014고정5422
무고
Text

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

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

Reasons

Punishment of the crime

On February 7, 2014, the Defendant was sentenced to a suspended sentence of four months of imprisonment and suspension of qualification for a violation of the Protection of Communications Secrets Act at the Seoul Central District Court on February 15, 2014, which became final and conclusive on February 15, 2014.

On January 2012, the Defendant prepared a false complaint against E with the aim of having the complainant E (Nam, 44 years of age) in the D office of law firm, at a notary public with the fifth floor of Seocho-gu Seoul Metropolitan Government C building, for criminal punishment.

The complaint was the content that "E, the complainant, has forged and exercised a certificate of 120 million won loan in the name of A, which is the complainant, and therefore, it was the content that "I draw up to the severe punishment due to the fabrication of private documents and the crime of uttering."

However, in a lawsuit in progress between the defendant E and F, the defendant, who is the defendant, had a signature in the letter of payment agreement of KRW 120 million on the part of the complainant under an agreement that "if she cooperates with F, G, H, etc., he would compensate E for KRW 100 million."

Nevertheless, around February 3, 2012, the Defendant submitted a complaint with the above false facts at the public service center of the Suwon-gu Police Station in Suwon-gu, Suwon-gu, Suwon-si, Suwon-si, which was 52, to which the Defendant had filed the complaint.

Summary of Evidence

1. Legal statement of witness E;

1. Statement E in the police interrogation protocol (second, second, and replacement) of the accused;

1. Statement to E by the police;

1. Complaints of E preparation;

1. Recording notes ( January 13, 2012);

1. Recording notes ( kept on December 23, 201);

1. Recording records;

1. A written appraisal;

1. The letter of commitment;

1. A letter of undertaking;

1. Fact-finding certificates;

1. A complaint;

1. A response to a request for appraisal (a reply to fact) (a reply by a prosecutor shall be invoked as evidence);

1. Previous convictions: Taking full account of the following circumstances acknowledged by the Defendant’s legal statement and the above evidence of the judgment, the fact that the Defendant signed the letter of payment and reported false facts to the police station as if E forged and used the letter of payment for the purpose of having the E receive criminal punishment, even though the Defendant signed the letter of payment.

(1)

arrow