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(영문) 수원지방법원 안양지원 2018.12.06 2018고단1047
무고등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, as the head of the office of law office B, borrowed a large amount of money from B and received demands for payment from B, and prepared a letter of payment as if he would have jointly performed his obligation with the wife C to collect it and deliver it to B.

around January 16, 2014, the Defendant, at the B legal office located in subparagraph E of the Seoul Seocho-gu Seoul Metropolitan Government D Building, without C’s approval, provided that “each payment is made in writing, in 000,000 won;

1. The above amounts are to be repaid in full by no later than May 2014, 201, together with the principal’s wife, of 30 million won and 200 million won.

"A debtor and C" on January 16, 2014, and C's painting was stamped by his/her name.

Accordingly, for the purpose of exercising authority, the Defendant forged one copy of the payment form in C name, which is a private document on rights and obligations.

2. The Defendant, at the same time, at the same place and place as Paragraph 1, issued to B, who was aware of the forgery, a letter of payment in the name of counterfeit C as if it were duly formed.

3. On April 13, 2017, the Defendant: (a) filed a lawsuit claiming the return of a loan of KRW 287.9 million with the Defendant and C with the Seoul Central District Court; and (b) submitted a forged C payment form as prescribed in paragraph (1); (c) subsequently, B offered each payment form in the name of C at the time of forgery.

I tried to argue.

On July 2017, the Defendant: (a) at the Gu F apartment and G residence in Ansan-si, and (b) at the residence in Ansan-si, the Defendant continuously demanded C and his/her husband and wife H to prepare each letter of payment in the name of the husband and wife, and forced C and his/her husband and wife H to enter each letter of payment in the name of the surety C.

The head of the Do in the name of C in each payment letter refers to "B made the office members form a partnership and affix their seals", and H made H prepare a false complaint against B.

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