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(영문) 대구지방법원 2013.11.07 2012고단6911
무고
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 5, 2012, the Defendant: (a) at the Daegu Southern-dong Police Station, Daegu-dong, Daegu-gu, Daegu-gu, and on October 6, 2008, at the time of borrowing money from D, the Defendant guaranteed it; (b) despite the fact that the Defendant directly stated his address in the above loan certificate and affixed his seal impression, the Defendant submitted to the police officer in charge of the public service center of the Daegu-gu, Daegu-gu, Seoul-gu, Police Station written a petition stating the address on October 6, 2008, and affixed his seal. However, even though the Defendant did not have affixed his seal, D had a copy of the address written by the Defendant on his own, affixed it to the Defendant’s name under the name of the loan certificate, and then arbitrarily affixed it to the Defendant’s name, and forged the above loan certificate, and submitted a copy of the loan certificate with the Defendant’s seal affixed thereto as evidence in the case on which the Defendant filed a complaint.”

In this respect, the defendant was arrested for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. The police statement of the defendant;

1. A written petition;

1. A certificate of borrowing;

1. Each judgment (2010 highest 2570, 2011Na1441) and search of Supreme Court cases (201Do11541);

1. A written appraisal;

1. Complaint;

1. Application of Acts and subordinate statutes to a written agreement and a loan deed;

1. Determination as to the assertion of the accused and his defense counsel under Article 156 of the Criminal Act and Article 156 of the Criminal Act relating to the pertinent criminal facts

1. The defendant and his defense counsel asserted that the loan certificate in this case was forged, since the defendant stated his address or affixed his seal imprint on the loan certificate held by D, and therefore, the defendant is not guilty.

2. Determination

A. In full view of the evidence duly admitted and examined by this court, the following facts can be acknowledged.

1 C shall have the authority to dispose of real estate owned by G from the K, a widely known religious organization G.

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