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(영문) 서울북부지방법원 2020.11.09 2020고단3388
무고
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around November 2013, the Defendant requested “C to lend money in need of business funds” to B, and the Defendant demanded B to prepare a loan certificate in the name of the Defendant in the course of lending money to C, and the Defendant agreed to borrow money until April 5, 2014 with the maturity of KRW 20 million.

“Around April 20, 2020, the Defendant prepared one copy of the loan certificate in the name of the Defendant using the name and address of the Defendant, resident registration number, and the name and address of the Defendant in favor of the Seoul Northern District Public Prosecutor’s Office located in Dobong-gu Seoul Northern District Public Prosecutor’s Office, Seoul District Public Prosecutor’s Office, 747, where the Defendant had not been paid the loan certificate on the basis of the loan certificate, and had not paid the loan money from C in a civil lawsuit seeking payment of the loan to the Defendant based on the loan certificate under the above Defendant’s name, and had the Defendant paid the loan money in 10,000 won per month under civil conciliation, and had it difficult for B to pay the loan due to the above loan certificate on January 20, 2020, he had the Defendant accused that B forged the above loan certificate in order to be exempted from the above loan money.” The Defendant was punished by submitting the name and address of the loan certificate under the name of the Defendant and the resident registration number in favor of the original document to the court.”

Accordingly, the defendant filed a false complaint for the purpose of having B punished criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the statement of the police officer against the defendant in the police interrogation protocol;

1. A complaint;

1. Application of Acts and subordinate statutes to a copy of a loan certificate;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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