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(영문) 서울중앙지방법원 2014.02.19 2011고단7503
무고
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Around October 18, 2010, the summary of the facts charged of the instant case: “Around January 29, 2010, at the Dongjak-gu Seoul Metropolitan Government Nowon-gu Police Station, the Defendant submitted a false statement of payment to the effect that “A around November 29, 2010, at the time of filing a lawsuit with the Defendant, submitted a falsified statement of payment prepared by the E-Law Office located in Seocho-gu Seoul, Seoul, to the effect that C would be valid even if the other attorney-at-law is in progress, the documents written between each clerk and the receiver should be received KRW 200 million, and the Defendant would return KRW 200,000,000,000,000,000,000 won, in a case where the lawsuit is failed, by arbitrarily adding to a special agreement, and forged the above statement of payment, and submitted the falsified statement of payment to the Seoul Northern District Court by filing a lawsuit of KRW 170,000,00 to the Defendant.”

However, around January 29, 2010, the defendant prepared a letter of payment with C and C at the above E law firm office, and agreed to enter C in addition to the above special terms and conditions, and C entered in the above special terms and conditions.

Accordingly, the defendant made a false accusation for the purpose of having C punished criminal punishment.

2. The Defendant and the defense counsel’s assertion that the Defendant did not agree to the entry of the special agreement contained in the facts charged in the instant written statement of payment in question to C, and that as long as C is forged, the content of the written complaint is all true, and thus, C is not a false accusation.

3. The crime of false accusation or false accusation is established when another person reports false facts to a public office or a public official for the purpose of having a criminal or disciplinary punishment imposed upon him/her. Here, the reported fact of false accusation is objective.

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