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(영문) 서울서부지방법원 2018.07.18 2017고단3983
무고
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 13, 2016, the Defendant prepared a false complaint with respect to D using a computer for the purpose of having D receive criminal punishment in the Defendant’s residence located in Eunpyeong-gu Seoul, Seoul, and submitted the above complaint to the Seoul Western District Public Prosecutor’s Office around July 13, 2016, and made a statement to Assistant E on the basis of the above complaint at the Mapo District Public Prosecutor’s Office around August 5, 2016.

On October 4, 2009, the main contents of the complaint and the statement on the complaint are as follows: "The defendant plaintiff D had H arbitrarily prepare documents such as a contract cancellation of the contract, power of attorney, etc. under the name of the defendant for the purpose of cancelling the registration of the transfer of ownership of the land of Jung-gu Incheon (hereinafter " Incheon land") in the name of the defendant at the G Certified Judicial Scriveners Office located in Mapo-gu Seoul Metropolitan Government Office of Mapo-gu, Seoul, for the purpose of cancelling the registration of the transfer of ownership of the land of Jung-gu, Incheon in the name of the defendant, and forged them. On December 18, 2009, it was punished by submitting it to a public official who is

However, on October 209, the Defendant: (a) at the K office located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government Council around October 2009, required H to cancel the sales contract under the name of the Defendant with the official seal date; and (b) signed a letter of delegation; and (c) issued a certificate of the Defendant’s personal seal impression in the name of the Defendant and issued it to H; (d) there was no fact that D had H forged the contract for cancellation of the sales contract and the power of attorney

Nevertheless, on November 24, 2010, the Defendant: (a) stated the date of the cancellation of the above sales contract as of December 31, 2009; (b) stated that D had H cancel the registration of the transfer of the ownership of the Incheon land in the name of the Defendant; (c) submitted a complaint to the Seoul Western District Prosecutors’ Office on July 13, 2016; and (d) submitted it to D.

Summary of Evidence

1. Each legal statement of witness D and H;

1. Statement to K in preparation for inspection;

1. Contracts for cancellation of a sales contract;

1. Evidence 2 (Written Confirmation 9 October 2009) 1.

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