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(영문) 부산지방법원 동부지원 2015.04.02 2014고단2175
무고
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around October 21, 2013, the Defendant: (a) prepared a written complaint stating the false content that “Defendant D and his wife (Defendant Defendant Defendant) sent a lease contract without the knowledge of the complainant by mail around May 12, 2009; (b) punished for the crime of forging private documents; and (c) submitted the above written complaint to police officers, whose name is not known at No. 319, 81, Ga-ro, 319, as the Busan Southern-gu, the Busan, the public service center of the Busan, the public service center of the police station, and (d) made a supplementary statement to F on the 22th of the same month; and (b) made a false statement to the effect that “D and their wife (Defendant Defendant Defendant) was punished by forging the lease contract within a restaurant operated by him/her on May 12, 2009, along with the wife E, by mail.”

However, in fact, the lease contract for the above restaurant was prepared by the defendant around that time, that the lease deposit for D and the above restaurant was changed from KRW 18 million to KRW 9 million, and instead, it was made to pay KRW 90,000 to D with monthly rent. It was the true lease contract signed and sealed by the defendant with his seal.

As a result, the defendant was arrested for the purpose of having D and E receive criminal punishment.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. A complaint (including attached documents) and a supplementary statement of reasons for the complaint (including attached documents);

1. Notification of the results of documentary appraisal (No. 2014-00273 of a document);

1. A copy of an investigation report (such as a complaint), an investigation report (a copy of a suspect examination report, etc.);

1. Application of Acts and subordinate statutes concerning seals and photographs;

1. Article 156 of the Criminal Act as to the facts constituting the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. As to the assertion of the defendant and his defense counsel under Article 62(1) of the Criminal Act (a favorable circumstance among the reasons for sentencing below).

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