(영문) 서울남부지방법원 2016.07.13 2016고단2005

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(영문) 서울남부지방법원 2016.07.13 2016고단2005

무고

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, on June 1, 2013, at the C office located in Guro-gu Seoul Metropolitan Government B shopping mall 310, entered the column of the amount in which the Defendant was unable to pay the amount of the Promissory Notes from D, despite the fact that D, the actual representative of the said company, had not forged the Promissory Notes. However, D, the Defendant, despite the absence of the fact that D had forged the Promissory Notes, entered at will the due date for payment of the Promissory Notes issued by D (the No. E, face value 13,794,00 won, June 18, 2013, and the due date for payment.

Complaints by forgery of a bill shall be made.

“” has heard horses and had a mind to mislead D.

Therefore, on June 26, 2013, the Defendant issued a false accusation to the effect that “Around March 7, 2013, a supplementary right of KRW 3 million at par value was granted to D” at the Silung Police Station located in Silung-si, and D arbitrarily entered at will a face value of KRW 13,794,00 and forged it.” As such, the Defendant issued a false accusation to D with the intent of having D punished criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning examination of suspect concerning D by the prosecution;

1. Application of Acts and subordinate statutes to copies of complaint;

1. Article 156 of the Criminal Act applicable to the crimes;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to mitigate confessions;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] Article 62(1) of the Act on the Punishment of Punishment of Specific Crimes (Article 62(1)1 (Article 62(1) of the Act on the Suspension of Execution [Article 62(1) of the Act on the Punishment of Specific Crimes (Article 62(1) [Article 62(1) of the Act on the Punishment of Specific Crimes (Article 1) [Article 62(1) of the Act on the Punishment of Specific Crimes (Article 62(1)-1 (Article 4(1) of the Act on the Punishment of Specific Crimes (Article 62(1) of the Act on the Punishment of Specific Crimes (Article 62(1) of the Act on the Punishment of Specific Crimes)]

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