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(영문) 부산지방법원 2016.10.19 2016고단1957
무고
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The Defendant is a person operating the “E”, which is an enterprise such as manufacturing and repairing smoked coal machinery, in Gangseo-gu Busan, and F is a person operating the “H”, which is an enterprise such as the manufacturing and repair of smoked coal in G in Kimhae-si, in a transactional relationship.

On April 2014, the Defendant had the employees of the above office prepare the complaint of this case, such as fabrication of private signature against the above F, with the aim to have the F criminal punishment imposed at the law office No. 301 of the Busan B Office of the I building at the end of Busan B Office.

The statement of the complaint states that "F, the defendant, was punished by submitting forged transaction books to the Busan District District Court's civil petition office on December 4, 2012, in order to exercise the name of the complainant in the transaction book with an authorized color pen for the purpose of exercising it in a non-refluence on the monthly and non-refluence of the date of the complaint."

However, on April 17, 2009, the Defendant signed the Defendant’s name “A” with the purport that the Defendant confirmed the purchase and transaction account books in which the details of transactions between H operated by the F from January 12, 2009 to April 17, 2009, and recognized the contents thereof, and the said F did not forge the Defendant’s signature.

On May 2, 2014, the Defendant submitted a written complaint to the public service center of the Busan Police Station, which was located in Busan Jin-ro 111-gil6, Busan Jin-gu, and made a supplementary statement to the same effect as the details of the complaint at the police station investigation and the first team office on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The head of the complaint-compliance statement, the statement of reasons for appeal, the trading account book in which the complainant supplies goods to the accused, and the trading account book in which the complainant is supplied by the accused;

1. Application of Acts and subordinate statutes to an investigation report (a copy of a complaint filed against a suspect), accusation report (a) (a copy of a complaint filed against a suspect), written statement (a) and a written statement

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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