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(영문) 서울중앙지방법원 2012.09.18 2010고단3613
모해위증 등
Text

Defendant

A Imprisonment with prison labor of one year and four months, and Defendant B shall be punished by imprisonment with prison labor of six months.

Reasons

Punishment of the crime

1. Defendant A

A. The Defendant had invested in the medium-Korea derivatives import business promoted by D and suffered losses, and had D file a false complaint in order to recover the investment amount, and had D pressure to repay the investment amount.

Therefore, on January 18, 2008, the defendant, at the Seocho-gu Seoul E judicial scrivener office, had D, who is not aware of the above circumstances, prepare a false complaint against D using a computer for the purpose of having D receive criminal punishment.

The criminal complaint states that "A defendant defendant D, even if he/she receives money from the complainant, he/she directly enters North Korea and purchased class 1 of the Song Berber five North Korea, and had no intention or ability to deliver it to the complainant through legitimate procedures, as if he/she had the intention or ability to do so, he/she falsely speaks as if he/she had the intention or ability to do so, 5 million won from the complainant around July 27, 2006, 130 million won on September 13, 2006, and 175 million won on November 8, 2006, by receiving a total of KRW 175 million from the complainant to the bank account."

However, the Defendant transferred D money to D for investment in the Chinese High and High-frequency Import Business, not for the purchase cost of North Korea CFF mushrooms.

Nevertheless, around January 21, 2008, the defendant submitted the above written complaint to police officers who are not able to know their names in the Seoul beneficiary police station civil service center located in Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government, and rejected D.

B. With respect to the case against the fraud of the above D, the Defendant asserted that D submitted the “written confirmation of facts and the letter of guarantee” as of January 30, 2007 prepared by the Defendant to the Seoul Beneficiary Police Station, and that he was not using the pre-existing name plates on May 30, 2007 by destroying the name plates around May 2006, and that he did not use the name plates attached to the above documents on January 30, 2007, and that he had the intention to alter evidence favorable to D.

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