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(영문) 서울서부지방법원 2017.12.01 2017고단2508
무고
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On August 10, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on Specialized Credit Financial Business in Seoul Southern District Court on June, 201, and the judgment became final and conclusive on August 18, 2017.

【Criminal facts” following a criminal complaint filed by C, the Defendant was indicted for a violation of the Act on Business of Financial Services Specializing in Credit, and was subject to criminal punishment, with the intention of evading the obligation to pay a loan worth of KRW 187 million, which was prepared to C.

On February 27, 2017, the Defendant: (a) forged a loan certificate of KRW 187 million on December 25, 2014 in the name of C A (suspect) at the Seoul Southern District Public Prosecutor’s Office’s Office, located in Yangcheon-gu Seoul, Yangcheon-gu Seoul, Seoul, and submitted it to the police station for its exercise.

2. The complaint was submitted to the effect that “........”

However, on September 25, 2014, the Defendant: (a) purchased bonds with KRW 187 million invested by C in the name of ( state) D, which he/she operated, and promoted a business to earn profits from the purchase of bonds with KRW 187 million; (b) however, as he/she failed to pay profits at all, received a demand for repayment from C; and (c) on December 25, 2014, the Defendant drafted a loan certificate of KRW 187 million with the Defendant as the debtor on December 25, 2014.

As such, the Defendant filed a false complaint with C for the purpose of having C receive criminal punishment, and brought C a false accusation.

[Attachment C’s statement concerning the preparation of a loan certificate and its contents is reliable in accordance with objective data, such as transaction details, and the Defendant and C appear to have been aware of the existence of the loan certificate, considering the visual dialogue on January 17, 2016, C’s complaint circumstance and its contents, it cannot be said that C had to have been required to submit it to the investigative agency by forging the loan certificate. The loan certificate includes considerable contents to C, and the loan certificate and C submitted by the Defendant at the time of the complaint.

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