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(영문) 부산지방법원 2014.05.30 2014고단1914
무고
Text

Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B is a person who operated a gas sales agency under the trade name of “Dgas,” and the Defendants are the same book.

Defendant

A In June 2010, after receiving a request for joint and several liability for the debt of E(Dgas), a partner of Dgas’s “Dgas,” and the wife F consented to the column for joint and several liability, but he/she is subject to a lawsuit for the performance of joint and several liability amounting to KRW 100 million from E(State). In order to be exempted from joint and several liability, a false complaint is filed as if Defendant B forged the signature of the joint and several liability certificate, and Defendant B conspired to make a false confession as if he/she forged the joint and several liability certificate.

1. On September 24, 2013, Defendant A’s non-conscept Defendant A issued a false complaint stating that “A is necessary for Defendant B to establish a gas sales agency in the name of the complainant in the name of the complainant on June 2010, for the purpose of having B be subject to criminal punishment at the public service center of the Busan High Police Station, Defendant A issued a certificate of personal seal impression and a certificate of personal seal impression. However, Defendant C’s joint and several sureties’s joint and several sureties’s joint and several sureties’s seal impression and forged a joint and several sureties’s personal seal impression in the column of the complainant’s joint and several sureties’s joint and several sureties’s seal impression affixed thereon, and then submitted it to the same police station.”

Accordingly, the defendant did not appeal B.

2. On October 18, 2013, Defendant B, who was investigated as a suspect in a case involving fabrication of private documents, etc. at the Busan High Police Station, made a false confession to the effect that Defendant B forged a joint and several surety in the name of A, as seen above, as he conspired with A in advance, even though there was no forgery of a joint and several surety in the name of A.

Accordingly, the defendant aided and abetted the above A's accusation.

Although self-unaccupiation does not constitute a crime without accusation, it is also an aiding and abetting crime in case of aiding and abetting a third party.

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