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(영문) 부산지방법원 2018.10.16 2018고정1038
무고
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 17, 2018, the Defendant prepared a false complaint to the public service center of the Busan Police Station located on 111 U.S. on January 18, 2018, stating that “I would be punished because H did not have any fact that I prepared an application for the transaction of derivatives at the NH Investment Securities Center,” and “I would be punished because H would have forged the above application for the transaction of derivatives,” and submitted the above complaint to the public service center of the Busan Police Station located on 6 U.S.-ro 111 U.S. on January 18, 2018.

However, in fact, the defendant prepared the above transaction application directly for the transaction of derivatives ETF goods.

Accordingly, the defendant reported false facts to H for the purpose of having H receive criminal disposition.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Statement made by the police against the defendant;

1. Complaint;

1. Attachment of the original photograph of the EETF transaction application [the defendant and his defense counsel did not prepare the application for derivatives trading so that H forged was forged, and even if not, there was no intention for the defendant to do so.

The argument is asserted.

However, even according to the statement made by the defendant in the investigative agency, the defendant's name name column, customer confirmation column, and signature column in the above transaction application form are written by the defendant, and according to the fact that the defendant consented to the transaction of derivatives and transferred the amount of KRW 50 million on November 2, 2016 to the NH investment securities account, it is determined that the above transaction application is prepared by the defendant.

In addition, in consideration of the fact that the defendant confirmed that the important matters of the above written application for the transaction were written by the defendant's own pen, and that there was no particular circumstance to mislead the defendant about the preparation of the above written application for the transaction, there was an intention to mislead the defendant.

Since it is recognized, it is above.

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