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(영문) 의정부지방법원 2017.08.17 2016고합104
무고
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 15, 2015, the Defendant drafted a written complaint against E with the test color pen in the Defendant’s house located in Goyang-si, Goyang-si, Goyang-si.

The contents of the written complaint include, “Notwithstanding the absence of the fact that the complainant allowed the Defendant to establish the right to collateral security on the land of Seocho-gu, Seocho-gu, in the time of Cheongju, the complainant arbitrarily created the right to collateral security on the land based on the false loan certificate drawn up by deceiving the complainant on November 4, 2009, and thus punished the Defendant.” However, the Defendant borrowed KRW 130 million from E on May 2, 2007, and then borrowed KRW 130,000,000 from E on November 3, 2009, the Defendant allowed the establishment of the right to collateral security on the land of this case to E on November 3, 2009, and prepared a written contract for the establishment of collateral security.

Nevertheless, on July 17, 2015, the defendant submitted a written complaint to the high-level branch office of the public prosecutor's office with the above contents to the public prosecutor's office, and the same year.

8.7. 15:18 On July 18, 200, at the investigation station of the Goyangyang Police Station and the economic 2 team office, stated to the effect that “The establishment of a right to collateral security with a claim amounting to KRW 100,000,000, only there is only a fact that there was a formal loan certificate against the Defendant Nonparty.”

As a result, the defendant reported false facts for the purpose of criminal punishment against E, and made a false accusation against E.

Summary of Evidence

1. Legal statement of witness E;

1. Each part of the witness E and G in the third public trial records;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Statement made to A by the police;

1. A written statement;

1. A supplementary statement of the complainant and complainant;

1. Investigation reports (Submission of the details of loan against security, submission of suspect data, submission of a supplementary statement by a complainant, telephone investigation, reference witness H certified judicial scrivener, registration of the Cheongju District Court, telephone conversations between I and I, submission of receipt by a complainant, submission of a fingerprint, submission of a document of fingerprinting, submission of a written statement by a complainant, submission of a written statement by a complainant, attachment of a written statement by a complainant

1. A written appraisal;

1. A certified copy of the register or passbook;

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