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(영문) 서울서부지방법원 2017.05.11 2016노1773
무고
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the court below found the defendant guilty of the facts charged of this case on the ground that the defendant, as stated in the facts charged of this case, was able to establish and submit a false complaint for the purpose of having the defendant C, as stated in the facts charged of this case, and made a supplementary statement to supplement the complaint, thereby making the above H false facts.

2. Determination

A. On January 20, 2015, the summary of the facts charged in this case was prepared by the Defendant’s house located in Mapo-gu Seoul and 503 Do 702 on the same day, stating that “Defendant He obtained loans from his new capital and then made a promissory note with a face value of 18 million won in the name of the complainant using the name of the complainant’s seal impression and the certificate, and sold it to the new capital employee without the complainant’s consent on June 26, 2012.” On the same day, the Defendant submitted a letter of complaint to the public service center of the Mapo Police Station on the same day, and filed a supplementary statement to that effect, from the J office of the Mapo Police Station on January 30, 2015.

However, the above promissory note was made under the authorization of the defendant and there was no forgery of the promissory note as stated in the above complaint by the defendant.

Nevertheless, the Defendant: (a) made and submitted a false statement of accusation; and (b) made a statement to supplement the accusation for the purpose of releasing the obligation of the said promissory note; and (c) made the Defendant Nonparty H with the aim of having the Defendant Nonparty H punished criminal punishment.

B. The lower court determined that the Defendant submitted a written complaint and made a supplementary statement to the same effect as the entries in the facts charged of this case at the time and place specified in the facts charged of this case. The lower court acknowledged the Defendant, and stated each of the witness H, L, and M’s statements, and each of the statements in the suspect interrogation protocol and statement protocol against the Defendant prepared by the prosecutor.

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