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(영문) 대전지방법원 홍성지원 2014.12.24 2013고단1032
무고
Text

A defendant shall be punished by imprisonment for not more than ten 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

On March 24, 2013, at D's office in Guro-gu Seoul Metropolitan Government, the Defendant prepared a false complaint with respect to E by using a computer to receive money for the reason that E does not pay 20% of the profits, etc. agreed to pay to the Defendant even after completion of the apartment construction work with E.

The defendant's statement of complaint was prepared on March 31, 2009 in the name of the defendant, submitted to the Seoul Central District Court 2009Kahap755's provisional disposition of suspension of execution of duties, and to the Sungnam District Prosecutors' Office 2009-type 32131 case (D forged a certificate of stock transfer of F and G, and D does not hold shares of H) on March 31, 2009 in the name of the defendant, which was submitted to the Seoul Central District Court 209Kahap755, and the defendant's statement of complaint was false and forged and used for use of H's false and forged shares, and the defendant was prepared by requesting H office located in the Seoul Seocho-gu International Building 2211 on March 31, 2009 to prepare the above confirmation statement by requesting E to write it in a computer, and it was also well known that the defendant's name was forged and sealed.

Nevertheless, on March 27, 2013, the defendant submitted the above complaint to the police officer in the public service center of the branch police station located in the Seongbuk-gu, Sungnam-si.

In this respect, the defendant committed a false accusation for the purpose of having E receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of E, K, J and L;

1. The police statement of M;

1. A copy of the verification of facts dated March 31, 2009 (in the face of 18 pages of investigation records);

1. Content certification (investigative Record No. 52 pages);

1. Application of Acts and subordinate statutes, such as a copy of the complaint (not more than 56 pages of investigation records);

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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