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(영문) 서울중앙지방법원 2013.03.29 2012고단6339
무고
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around July 5, 2012, the defendant prepared a letter of complaint stating that "A who is the defendant's defendant's wife knew that the complainant did not have a husband's certificate of personal seal impression, resident registration certificate, etc. in order to obtain a usual loan between the complainant and the complainant, and then, that the complainant would be punished for forging a loan certificate in the name of the complainant and D and borrowing money from E," at the Seoul Central District Prosecutors' Office located in Seocho-gu Seoul Special Metropolitan City, Seocho-gu, Seoul Special Metropolitan City around the 10th day of the same month, the defendant submitted a letter of complaint to the prosecutor's office prepared as above.

On July 30, 2012, the Defendant made a supplementary statement to the Inspector F at the investigation department and office of the Seoul Gwanak-gu Seoul Special Metropolitan City Gwanak Police Station located in the Gwanak-gu Seoul Special Metropolitan City, stating, “I, without permission of the complainant, have documents, such as a certificate of personal seal impression, a certified copy of resident registration, etc. under the name of husband D who is the complainant, and I, using this document, suggest and borrow money to E by forging the borrowed certificates under the name of the complainant and D, and a power of attorney under D. The complainant did not know.”

However, the facts are as follows: (a) the Defendant borrowed money from E to prepare the certificate of borrowing and the power of attorney with the name of the Defendant and the Defendant’s husband, and (b) deliver documents such as the certificate of personal seal impression, resident registration certificate, etc. in the name of D while providing D with a house owned by the Defendant as security; and (c) there was no forgery of the above certificate

As a result, the defendant did not prosecute C for the purpose of having C be subject to criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by witnesses E in the second protocol of the trial;

1. Statement made by C by a witness in the third protocol of trial;

1. The statement of the defendant (No. 34 pages of the evidence record) 1.

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