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(영문) 창원지방법원 2017.12.22 2017고단1244
무고
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On November 27, 2016, the Defendant drafted a false complaint against D at the Defendant’s house located in Seongbuk-gu, Sungwon-si, Sungwon-si.

The chief of the complaint is a certified judicial scrivener who registered the trust of the E Housing Reconstruction Association on behalf of the defendant D.

1. To prepare a false power of attorney and submit a letter of attorney for registration of trust in the complainant's name with his own seal and seal affixed thereon; and

2. By preparing and signing a power of attorney in a false manner, to forge and submit an abstract of resident registration in the complainant’s name;

3.A trust registration was made with the issuance of a false power of attorney, affixing a false seal, forging and submitting a power of attorney for proof of local tax, making the seal of the complainant at will, forging the above documents, thereby forging them.

The purport is “......”

However, in fact, since the defendant entrusted D with the transfer of ownership, trust registration, application for issuance of a certified copy of resident registration, and application for certification of local tax for the transfer of ownership, trust, issuance of a certified copy of resident registration, it was well known that D did not forge the above proxy documents.

However, on November 28, 2016, the Defendant submitted a false statement to an employee in charge at the Changwon Police Station located in the Changwon Police Station located in 177 south of the window of Changwon-si, Changwon-si, Seoul, with the aim of having D receive criminal punishment.

2. Determination

A. The crime of false accusation is established when a person reports false facts to a public office or a public official for the purpose of having a criminal or disciplinary punishment imposed upon another person. Here, the term "a false report" refers to a conclusive or dolusent recognition that reported facts are contrary to objective facts, and even if the reported facts are false contrary to objective facts, such false facts are not known.

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