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(영문) 의정부지방법원 2017.01.25 2015고단4657
무고
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around June 2011, the Defendant prepared a false complaint with respect to the Defendant and B who were pending in the civil litigation at the office of mutual infinite-dong, Gangnam-gu, Seoul.

The above accusation letter states that “Defendant B, who is the Plaintiff, shall register the transfer of ownership on the face of the State by paying the down payment, even though he did not intend to register the transfer of ownership with respect to C Forest Land 2,248 square meters (2/1 shares) in Yangju-si (hereinafter referred to as “the forest of this case”).

The phrase “a false statement” was a clerical error in the letter of commitment to succession to obligations in the name of E, stating that the complainant would have taken over the obligation to the Defendant Nonparty D as a down payment, and that “the number of obligations” in the indictment is a clerical error in the letter of commitment to succession to obligations under the name of E (see, e.g., evidence No. 59,78 of the record). In order to mislead the complainant, thereby inducing the complainant to pay 9,130,000 won interest on obligations to the F, thereby obtaining unjust profits.”

However, in fact, with the knowledge that the forest land of this case is not registered as an speculation area, the defendant obtained the registration of establishment of the right to collateral security for the forest land of this case first, and completed the promise of direct succession to the obligation by affixing the seal of E, which is an infant, on the above acceptance document, and made the promise of direct succession to the obligation to BF, and paid the amount equivalent to the interest to F.

Nevertheless, around June 201, the Defendant submitted the above complaint to the employee in charge at the Seoul Western District Public Prosecutor's Office.

In this respect, the defendant committed a criminal punishment against B for the purpose of having B punished.

Summary of Evidence

1. Each legal statement of witness B and F;

1. A protocol concerning the examination of suspect to partially examine the accused;

1. Part of the statement made to the defendant in the police interrogation protocol;

1. A copy of each protocol of interrogation of the police in F and B (defendant.)

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