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(영문) 서울남부지방법원 2018.05.31 2018고합113
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

Part of the facts charged was revised to the extent that it does not interfere with the defendant's defense right.

On September 2015, the Defendant requested D, the representative lawyer of the law office C, to file a loan claim, and lost the lawsuit in the first instance trial, and D had D resigned and had D had a malicious appraisal.

1. On July 25, 2017, the Defendant, around July 25, 2017, drafted a complaint filed against D with the aim of having D take criminal measures at the public service center of the Gangseo-gu Police Station located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, for the purpose of having D take criminal measures.

The reason why the defendant's statement to supplement the complaint on the same day was that the lawyer (D) was not able to win due to the completion of the statute of limitations from the beginning, and that he could not win due to the completion of the statute of limitations from the beginning, thereby deceiving the attorney fee.

The contents and facts of “The foregoing loan claim was not proven as the existence of the loan was lost. The Defendant was aware of the fact that the statute of limitations for the loan claim has expired from the beginning, and the Defendant asserted the waiver of the statute of limitations interest and requested the instant case. Therefore, D did not deceiving the Defendant as above.

Nevertheless, on July 25, 2017, the defendant submitted the above written complaint to the police officer who is unable to know his name in the public service center of the police station of the above Gangseo-gu Police Station and made a supplementary statement.

2. On August 28, 2017, around August 28, 2017, the Defendant drafted a complaint against D with the purpose of having D take criminal measures at the same place as the above paragraph 1 in order to enable D to take criminal measures.

The complaint was attempted by deceiving the attorney (D) as if he could not win even if he was unable to win due to the expiration of the statute of limitations from the beginning.

The contents and facts of “D did not induce an appeal by deceiving the Defendant.”

Nevertheless, there is a need to do so.

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