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(영문) 인천지방법원 2017.06.07 2016고단6874
무고
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 15, 2016, the Defendant prepared a written complaint to the effect that D and E are forged for the purpose of having D and E punished criminal punishment at the attorney-at-law B law office located in Sinung-si, Incheon District Public Prosecutor's Office, and submitted the above written complaint to the public prosecutor's office of Incheon Public Prosecutor's Office on January 29, 2016.

The written complaint contains the following: (a) in collusion with D and E in order to resolve the problem of D’s debt; (b) as to four parcels of forest land, G forest land, 112,417 square meters, which are owned by the complainant and F, were issued by the Defendant upon requesting the registration of creation of the right to collateral security; (c) around May 16, 201, D borrowed KRW 250 million from E and borrowed from E as the obligor, as the obligor, and the Defendant and F as the surety; (d) written loan certificate stating “A” in the joint guarantor column and affixed the Defendant’s personal seal impression affixed by D and E; and (e) punished D and E; and (e) changed the same.

However, with respect to the above loan certificate, the Defendant consented to the purport of the loan certificate containing joint and several sureties as an employee of the creditor E’s agent’s office, who is in charge of the registration of loan transaction between E and D and the establishment of a collateral security right, and the purport of the registration of establishment of a collateral security right, etc., and requested the above D to sign and affix his/her seal on the loan certificate to the Defendant’s joint and several sureties’s joint and several sureties around May 16, 201. On May 17, 2011, the Defendant, upon the above H’s request, issued two copies of the loan certificate and the certificate of personal seal necessary for the registration of establishment of a collateral security at the J community service center located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, in a direct way, and issued two copies of each certificate to H, and thus, knew that D and E were not forged.

Nevertheless, on November 16, 2015, the Defendant was on the ground that the loans from the above E have not been partially repaid.

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