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(영문) 전주지방법원 2013.03.25 2012고단2892
무고
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On July 2, 2012, the Defendant prepared and submitted a complaint stating that C prepares false documents necessary for the survey of land partitioning in order to have C receive criminal punishment at the public service center of the Jeonjin-gu Police Station, which was located in the Jeondong-dong 3, Jeondong-dong, Jeonju-si, Seoul, with the aim of having C obtain criminal punishment.

However, on April 2010, the Defendant prepared a “written consent to land use” with the content that he/she consented to the use of land with respect to the area of 319 square meters and E,21 square meters in Geumcheon-gu, Seoul Special Metropolitan City, Seoul Special Metropolitan City, stating the name of the Defendant, and affixed the Defendant’s seal next thereto. On April 2010, C prepared a “written consent to road use” with the content that he/she consented to the use of the road with respect to the area of 2,717 square meters and the area of road use area of 242 square meters in Seoul Special Metropolitan City, Seo-gu, Seoul Special Metropolitan City, and entered the Defendant’s name and affixed the Defendant’s seal next thereto, and thus, C’s written consent to land use and the written consent to road use had not been forged.

Nevertheless, around July 2, 2012, the Defendant: “Around September 2, 2009, the Defendant: (a) prepared a written consent to the use of the land in the name of the complainant with the content that the complainant would consent to the use of the land; (b) written the name of the complainant; and (c) submitted it to the architect office; (d) forged the written consent to the use of the land in the name of the complainant with the seal affixed by the complainant at a non-permanent location on April 2, 2010; and (e) submitted it to the same office without the consent of the complainant; (b) written consent to the use of the road by the complainant with the content that the complainant would consent to the use of the access road; and (c) written the name of the complainant at his/her own discretion on the name of the complainant at a non-permanent location on September 2, 2010 with respect to the size of 2,717 square meters of the size of the road use area; and (d) made the name of the complainant at will be affixed.

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