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(영문) 광주지방법원 순천지원 2017.11.17 2017고단264
무고
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 31, 2016, at the Busan Southern Police Station, the Defendant drafted a written complaint stating that “The Defendant, in collusion with the following E, stolen the certificate of his/her seal imprint and the certificate of his/her seal imprint, etc. in the D and removed documents, such as a written consent to take office (representative director) in the name of the Republic of Korea, to punish D and E to be subject to criminal punishment.”

However, the defendant issued a certificate of seal imprint, etc. to D upon the request of D to be the representative director in the name of the company operated by E from D, and there was no theft of D's certificate of seal imprint, etc. or forgery of documents under the name of E in collusion with E.

Nevertheless, the defendant submitted the above complaint to the police officer who could not know his name in the above police station on the same day and filed the complaint with D and E.

Summary of Evidence

1. Each legal statement of D or F;

1. Partial statements of E;

1. Some statements made in the police interrogation protocol concerning E;

1. To enter in and present the written complaint;

1. In light of the following circumstances known through the evidence duly adopted and examined by this court, and the motive for the Defendant to file a complaint against D and E, the Defendant filed a false accusation as stated in its reasoning on August 31, 2016, and filed a complaint against the change of a stock company, a list of shareholders, a written resolution by all shareholders, a written acceptance of appointment, a certificate of seal impression, a letter of delegation, a certificate of delegation, and a entire certificate of registered matters.

It is reasonable to view it.

① The police and this court consistently made a statement consistent with the facts constituting a crime.

② In light of the fact that part of the police statements and partial legal statements of E in the case at issue are underway in the appellate court (Seoul District Court 2016 High Court 2016 High Court 1412, 1427 (Joint) and 1553 (Joint) (Seoul District Court 2017No. 670) and the status of E in the company G (hereinafter “instant company”), the relationship with the Defendant and D, and the instant company.

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