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(영문) 인천지방법원 2016.05.09 2016고단202
무고
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around December 29, 2014, the Defendant submitted a written complaint to the Incheon District Public Prosecutor's Office (hereinafter "Seoul District Public Prosecutor's Office") located in 49, Law No. 163, the Nam-gu, Incheon District Public Prosecutor's Office (hereinafter "Seoul District Public Prosecutor's Office") to the effect that "A person who is the Defendant's lawsuit had the employees of the office of a certified judicial scrivener receive certification of his/her seal imprint, etc. on October 10, 2012 and transferred the cause of the instant crime under the name of the Defendant who is the Defendant." Around January 30, 2015, the Defendant made a supplementary statement at the Seocheon-gu Incheon District Public Prosecutor's Office, stating that "A person who is the Defendant's lawsuit, used a certificate of his/her seal imprint, etc. to commit the instant crime, and did not report his/her seal imprint in the name of the Defendant, and made a statement to the effect that "A person who is the domestic owner of the building to move his/her ownership to D."

However, on September 30, 2012, the Defendant agreed to transfer the ownership of the above forest land to D, who was aware of the Defendant’s external appearance on or around September 30, 2012. Accordingly, around October 1, 2012, the Defendant directly confirmed the transfer of ownership of the above forest land in D’s name by accompanying D to the G Certified Judicial Scriveners’s office located in Nam-gu Incheon Metropolitan City, and directly sealed it in a written confirmation document with the authority to register the transfer of ownership in D’s name. The Defendant agreed to prepare a sales contract in his/her name and complete the registration of transfer of ownership due to sale in D’s name, and delegated the procedures for registration of transfer of ownership to the certified judicial scrivener

Accordingly, the defendant had D without the purpose of having D receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the prosecution and the examination of suspects of D;

1. Statement made by the police against the defendant;

1. A complaint;

1. Notification of the result of fingerprint appraisal;

1. A criminal explanatory note;

1. A certified copy of the register, marriage-related certificate, each certificate, and copy of the judgment; and

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