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(영문) 서울서부지방법원 2017.06.14 2017고단825
무고
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant, as the owner of the building in Mapo-gu Seoul Metropolitan Government, entered into a contract for the construction of the said building with F (Representative G) corporation on November 18, 2010 under the name of the Defendant’s wife, and entered into a contract for the construction of the said new building on March 16, 201, and entered into a contract for the construction of the parking facilities in the said building with aluminium corporation and the said corporation on March 16, 201 and carried out the construction. On October 19, 2011, the Defendant entered into a contract for the succession of the construction of the above parking facilities, which entered into with aluminium corporation due to the Defendant’s situation, with E, changing the owner of the said parking facilities installation from E to F, and gave E’s seal to the person in charge of aluminium corporation and affixed E’s seal to the “A” column and “B” column.

Nevertheless, the Defendant, on October 29, 2014, filed a lawsuit claiming construction cost under the above guarantee responsibility from aluminium Co., Ltd., with the intent to file a complaint for the crime of forging a private document and committing the crime of forging a false document with the content that the Defendant, as the representative director of F, I, the site manager, and H, a person in charge of aluminium, who is the representative director of F, was forged to use the above contract succeeding to the construction work, and the crime of forging the above investigation document.

1. Around May 9, 2016, the Defendant submitted a written complaint against I and G to the public service center of the Seoul Western District Public Prosecutor's Office located in 174 as Mapo-gu Seoul Mapo-gu, Seoul.

The contents of the contract are as follows: "I and G have forged and used the contract of succession to the construction in a way that affixes E seal to the guarantor column of the contract of succession to the construction work on the date."

“.....”

However, the facts accept that the defendant becomes the guarantor of F in the above contract of succession of construction work, and the seal of H is given to the person in charge of Aluminium corporation.

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