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Reasons
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(영문) 창원지방법원 마산지원 2015.06.09 2014고단901
무고
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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

Around March 2014, the Defendant: (a) at the 2-law office located in 102-2 of the first floor of the 1st floor of the building in Seongbuk-gu, Changwon-si; (b) around November 201, 201, the Defendant: (c) prepared and submitted a two foot lease contract form to the effect that, at the Defendant’s office located in Gangnam-gu, Seoul, the complainant leased the share of the land to the Defendant for free for 30 years at the Defendant’s office; (d) on February 20, 2012, the Defendant arbitrarily prepared the first chapter of the land share lease contract form to the effect that the complainant leased the share of the land at KRW 10,000,000,000 to the Defendant’s office; and (e) prepared one copy of the land lease contract form in the name of the complainant by binding the back of the lease contract form with signature and seal affixed by the complainant; and (e) prepared a false statement to the public official of Gangnam-gu, 2014 days after exercising it.

However, on November 201, the Defendant did not prepare a lease contract for the above land shares at the above D office. On February 23, 2012, the Defendant directly prepared the above land shares lending contract at the above D office and delivered it to the above D.

Nevertheless, the defendant filed a false complaint with the above contents and rejected the above D.

Summary of Evidence

1. Each legal statement of witness G, H and I;

1. Examination protocol of the accused by prosecution;

1. Results of the request to the National Scientific Investigation Institute for appraisal;

1. A land share lease contract;

1. Application of Acts and subordinate statutes to the defendant's complaint;

1. Article 156 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [the scope of recommending sentence] Article 62(1) of the Criminal Act is the basic area (6 months to 2 years).

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