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(영문) 서울동부지방법원 2014.10.17 2013고정1432
무고
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Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On February 16, 2012, the Defendant lost the claim for an agreement amounting to KRW 60 million filed by the victim E against the Defendant, and attached the Defendant’s life annuity bonds, etc. from the victim, the Defendant had the victim seized the Defendant’s life annuity bonds, etc., and had the victim complained of the falsity that the loan certificate submitted in the above judgment was forged.

On January 23, 2013, at the office of a certified judicial scrivener near Dobong-gu Seoul Metropolitan Government, the defendant prepared a false complaint against the victim and submitted it to the public service center of the Gangseo-gu Police Station on the same day.

The contents of the written complaint were as follows: “Defendant E, the defendant, forged the certificate of loan and seal dated July 12, 2007, and subsequently conducted compulsory execution on the property of the complainant by filing a lawsuit for the agreed amount claim with the Seoul Central District Court and winning judgment, and thus, punished for the crime of forging private documents.”

However, the above loan certificate was directly prepared by the defendant and delivered to the victim.

Accordingly, the defendant brought the victim without criminal punishment for the purpose of having the victim receive criminal punishment.

Summary of Evidence

1. Partial statement of witness E;

1. Statement made by a witness F in the fourth trial record;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Investigation report (the details of the lawsuit between the E and A);

1. A written reply to the complaint, written agreement (No. 2 No. 5 of the evidence list), and written notification;

1. A written appraisal;

1. A certificate of borrowed money (No. 5 No. 5 of the evidence list);

1. Application of Acts and subordinate statutes (2010 Gaz. 324584);

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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