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(영문) 서울북부지방법원 2019.06.21 2018고정1662
무고
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around October 26, 2017, the Defendant submitted a written complaint stating that “B filed a complaint against A, a complainant, in fraud, around July 2017, at the public prosecutor’s office of the government-managed public prosecutor’s office located in Doyang-ro 34, 23, Mayang-ro, 34, and 23, “B submitted a real estate lease agreement in the name of A, a criminal complaint, to the police station, and the above lease agreement is forged B. B. B. A. The crime of forging private documents and the uttering of a falsified investigation document is punished.” On December 15, 2017, the Defendant was investigated by the Namyang-do Police Station located in the Namyang-si, Namyang-ro, Mayang-ro, 15, 2017.

However, on March 8, 2016, the above lease contract was executed by the defendant after subleting part of the part of the restaurant located in Dobong-gu Seoul Metropolitan Government C, which was leased by the defendant to B, and there was no fact that B used the lease contract under the name of the defendant.

Accordingly, the defendant was arrested for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Each legal statement of witness B and D;

1. Each prosecutor's protocol of examination of the accused (including B or D's statement);

1. Each police suspect interrogation protocol concerning B and D;

1. Complaints of the accused and the police statement of the accused;

1. Application of Acts and subordinate statutes on a real estate lease contract;

1. Article 156 of the Criminal Act and the choice of fines concerning the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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