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(영문) 수원지방법원 안산지원 2013.09.04 2013고단975
무고
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around October 16, 1995, the Defendant borrowed KRW 10 million from C and completed a loan certificate at the request of the above C on June 3, 1997, while the Defendant was unable to repay the remainder after repaying the total amount of KRW 5 million on or around July 16, 1997.

C When the Defendant stated the year in which the loan certificate was drawn up as “195,” the Defendant requested to correct it, and the Defendant stated that “199” was “1,00 after affixing two seals in the year of drawing up the loan certificate.”

Since September 2009, C filed a lawsuit claiming the return of the loan with the defendant in the Suwon District Court, Ansan-si, Seoul, which is located in the Geumsan-dong, Ansan-dong, and submitted the above loan certificate.

Criminal facts

On March 2012, 2012, the Defendant prepared a false complaint at the Defendant’s office located D 201 Dong 1404, 1404, stating that “The date of borrowing was altered to file a lawsuit by the above C.” The Defendant submitted it to the public service center of the Gwangju Police Station on April 18, 2012, and prepared the statement of the above case at the office of the investigation and economic team of the Gwangju Police Station on April 23, 2012, and submitted the above police station assistant E arbitrarily stating “C violated two reductions” in 1995, and submitted the altered certificate of borrowing to the court on September 209.

‘A false statement' was made.

However, in fact, the Defendant: (a) signed and sealed two seals on the “195” of the loan certificate; and (b) stated “199.”

As a result, the Defendant filed a false accusation for the purpose of having C receive criminal punishment, and filed a false accusation against C.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A report on investigation (abusing a report on investigation and an appraisal);

1. Notification of the results of appraisal of each document;

1. Application of Acts and subordinate statutes to loan photographs;

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

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