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(영문) 서울중앙지방법원 2018.06.07 2018고단595
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

On July 17, 2017, the Defendant received a written complaint from the Seoul Central District Public Prosecutor's Office (hereinafter "Seoul Central Public Prosecutor's Office") located in the Seoul Central Public Prosecutor's Office (hereinafter "Seoul Central Public Prosecutor's Office") on the following facts: "Around December 20, 2016, the Defendant conspireds with Defendant B and C to forge the power to issue a certificate of personal seal impression under the name of Defendant without the delegation of the Defendant and submitted ten copies of the certificate of personal seal impression under the name of Defendant to the head of Dong-gu Seoul Central Public Prosecutor's Office (hereinafter

However, in fact, the defendant is a trustee in the name of the land and building E located in Jung-gu in Seoul, Jung-gu and the above ground, which is owned by B, and in the name of B around December 20, 2016, a certificate of the defendant's seal impression is required to receive the balance of the purchase price of the above real estate from the truster B in the temporary office located in Jung-gu Seoul, Jung-gu, Seoul, to whom the certificate of the

B There was a fact that the Defendant’s resident registration certificate and his seal imprint certificate have been placed on behalf of the Defendant C and delegated them to have the Defendant’s seal imprint certificate issued by proxy.

Nevertheless, the defendant was sentenced to criminal punishment against B and C as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols concerning police and interrogation of suspects by the prosecution against B and C;

1. The application of Acts and subordinate statutes to a complaint, a notice of proxy issuance for certification of a seal imprint, each A seal imprint certificate, a proxy for the issuance of a seal imprint certificate, a transcript of each recording, and a criminal investigation report (for

1. Article 156 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The scope of recommendation [the scope of recommendation] on the grounds of sentencing under Article 62(1) of the Criminal Act on the grounds of sentencing under Article 62(1) of the suspended sentence, the mitigation area (one month to one year) [the person with special mitigation] according to the real estate trust agreement in the name of the real estate owner, who has already issued a certificate of personal seal impression or delegated a certificate of proxy to B, etc. over several times, and monetary compensation is also received in return therefor.

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