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(영문) 청주지방법원 2014.04.25 2013고단602
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 8, 2012, the Defendant submitted a written complaint to Daejeon District Prosecutors' Office to the Daejeon District Prosecutors' Office, and made a statement as the complainant on October 24, 2012.

The above complaint and statement purport is that "A, a defendant C, forged a certificate of borrowed money in the name of the complainant, and submitted it as evidence to a civil case of loan claim and won the judgment." Thus, the defendant C, who is the defendant, shall be punished for forgery and uttering of private documents, and fraud."

However, the above loan certificate was prepared directly by the defendant, and it was a true document stamped, and C was a legitimate civil judgment by presenting the above document as evidence.

The Defendant reported false facts to public officials for the purpose of having C receive criminal punishment, and filed a false accusation against C.

Summary of Evidence

1. Statement made by C of a witness in the second protocol of trial;

1. The police statement of the defendant;

1. A complaint;

1. A written appraisal;

1. Application of Acts and subordinate statutes to request documents for appraisal and notification of the results thereof;

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

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Determination on the Defendant and defense counsel’s assertion under Article 62-2 of the Social Service Order Criminal Act

1. The gist of the assertion is that C forged the certificate of borrowed money under the name of the Defendant (hereinafter “the certificate of borrowed money”) by means of the cans, etc., signed and sealed by the Defendant.

Therefore, the defendant's accusation against C with the charge of forging a private document or uttering a private document does not report false facts.

2. In full view of the following circumstances acknowledged by evidence duly adopted and examined on the market, the loan certificate of this case is recognized as not a forged document but a document duly formed, and the defendant's complaint against C constitutes an accusation.

Defendant C.

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