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(영문) 서울북부지방법원 2017.05.24 2016고단4683
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 February 11, 2016, the Defendant received a false complaint against C and D at the public service center of the Seoul Dongdaemun Police Station.

A written complaint was the content that "The defendant C and the defendant D have forged or enforced a written agreement under the name of the complainant to sell and purchase the apartment bonds owned by the complainant to C and D, and thus punished."

However, in fact, on March 2, 2015, the Defendant prepared a written agreement with the above C and the above D to sell the Dongdaemun-gu Seoul E apartment (hereinafter “A apartment”) 7, 1405,00,000 won, and 8,000,000 won, and 105,000,000 won, 8,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.

Nevertheless, the Defendant submitted a letter of complaint containing false facts in Seoul Dong-gu Seoul Police Station civil petition office to the public official in charge of receiving false accusation in order to have C and D receive criminal punishment as above in order to ensure that the apartment market price increases as the apartment price increases after the purchase and sale reservation was promoted.

Accordingly, the defendant reported false facts to public officials for the purpose of having C and D receive criminal punishment.

Summary of Evidence

1. Each legal statement of witness F and witness G;

1. Complaint;

1. A certificate for all registered matters;

1. A real estate sale contract, etc., a registration certificate, etc., receipts, written estimate, etc.;

1. Each written agreement;

1. A real estate lease agreement;

1. Written appraisal;

1. Investigation report (Evidence No. 172 of the evidence record);

1. Information on the actual transaction prices in apartments with the traffic department of the national land attached to the statement made by the prosecution against the defendant;

1. A criminal investigation report (explosion 200 of evidence records) and a confirmation of facts attached to the above criminal investigation report, etc.;

1. Determination as to the defendant's assertion, such as the delegation table

1. The Defendant’s assertion is an apartment building A around March 2015 and the Defendant.

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