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(영문) 창원지방법원 통영지원 2013.07.10 2013고단71
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 13, 2012, the Defendant agreed with E to pay KRW 150 million to E with respect to the construction cost of the D cafeteria located in Dong-gu, Chungcheongnam-si, Seoul, and agreed to transfer Defendant F’s claim worth KRW 150 million with respect to F.

The defendant and E shall pay 150 million won to E by June 13 of the following month where he/she fails to receive 150 million won from F within 2 months (by May 13) in accordance with the above agreement.

'' has entered the contents in the Convention.

The Defendant did not receive KRW 150 million from F, resulting in a civil suit seeking payment of the above money against the Defendant, and had the intent to file a false complaint against E.

On October 9, 2012, the Defendant drafted a written complaint against E with a view to having E receive criminal punishment, at a mutually incompeting book, located in Yong-Nam-si, Yong-Nam-si.

On March 13, 2012, the complaint was the content that "The defendant E arbitrarily prepares an agreement with the complainant on March 13, 2012, and then ships the above agreement to the court, so E is punished for forging or uttering private documents."

However, the Defendant prepared an agreement stating that the Defendant will pay KRW 150 million to E by transferring credit equivalent to KRW 150 million to E, and that if E fails to receive KRW 150 million from F within two months, the Defendant will pay KRW 150 million to E by June 13, 2012.

Nevertheless, the defendant submitted the above written complaint to the officials in charge who are unable to know their names at the Gyeongnam-gu Police Station located in the Gyeongnam-si, Gyeongnam-si, Gyeongnam-si, the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, G and H;

1. A complaint;

1. Application of Acts and subordinate statutes to agreements, payment orders, copies of each decision, and copies of content certification;

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Suspension of execution;

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