logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2016.08.23 2016고단169
무고
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On November 3, 2015, the Defendant arbitrarily forged the power of attorney in the name of the complainant, such as stating “A” and “D” in the seller column at around May 25, 2010 at the Sung-nam Police Station, Sung-gu, Sung-gu, Sung-gu, Sung-gu, Sung-gu, Seoul, in a two-way way, the name of the Defendant: (a) arbitrarily forged the power of attorney in the name of the complainant; and (b) made a registration of transfer of ownership on the land owned by the complainant in the amount of KRW 40 million at the market price; and (c) submitted a written complaint stating that “A” was punished and changed.

However, on May 25, 2010, the Defendant: (a) sold the land (2,820 square meters) owned by the Defendant (2,820 square meters) to the said C for KRW 42,650,000; and (b) agreed that the registration of transfer of ownership of the said land shall be made in the name of D, the spouse of C.

As a result, the Defendant reported false facts to public offices for the purpose of having C receive criminal punishment, and filed C with C without permission.

Summary of Evidence

1. Each legal statement of the witness C and F;

1. Each investigation report (No. 13, 18, monthly);

1. A response to a request for appraisal and a written appraisal;

1. A complaint;

1. All certificates to be registered, certificates of registration rights, and real estate sale and purchase contract;

1. A copy of an application for registration of transfer of ownership, a proxy copy, and a certificate of seal imprint;

1. Application of Acts and subordinate statutes on deposit transactions;

1. Relevant legal provisions on criminal facts, Articles 156 of the Criminal Act of the choice of punishment, and the choice of fines (see, e.g., Supreme Court Decision 201Do1448, Apr. 1, 201; Supreme Court Decision 201Do1289, Apr. 21, 201).

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and defense counsel in the gist of the assertion shall forge a trade contract under the name of the defendant, and shall do so.

arrow