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(영문) 서울동부지방법원 2018.05.30 2017고단3847
무고
Text

A defendant shall be punished by a fine of five million won.

When the defendant does not pay a fine, the period of 10,000 won shall be converted into one day.

Reasons

Punishment of the crime

On July 23, 2013, while the Defendant owned an unauthorized building on the land of Seongdong-gu Seoul Metropolitan Government, the Defendant entered into a lease agreement with the owner of the building site D and the lessor as the Defendant, and entered into a lease agreement with D and the lessee, and entered into a contract containing the provision that “the lease agreement is null and void, and the building can be removed.” On December 11, 2015, the Defendant was rendered a favorable judgment by the Seoul Eastern District Court on December 11, 2015, by terminating the lease agreement and filing a lawsuit for the removal of the building, as the Defendant was in arrears for at least eight months.

Nevertheless, on August 11, 2017, the Defendant submitted to the Seoul East District Public Prosecutor's Office (Seoul District Public Prosecutor's Office) with the definition of Songpa-gu Seoul District Public Prosecutor's Office (Seoul District Public Prosecutor's Office) a letter of complaint stating the false fact that "the contract with which the phrase on the removal was deleted is shown to the complainant (Defendant) and the contract containing the above phrase is replaced by a contract in the crepan of the complainant's place of the complainant, and then deceiving the court by submitting it as evidence in civil procedure and received a favorable judgment."

Summary of Evidence

1. Testimony to D;

1. A protocol concerning the examination of the suspect of the defendant by the prosecution, and a protocol of cross-examination D;

1. Each contract (List 2, 3) [Attachment 2, 3] The application of the law to the Defendant is recognized as a crime in full view of the facts and evidence]

1. Penalty provisions: Article 156 of the Criminal Act and selection of fines;

1. Attraction of a workhouse: It is bad to deny the criminal act committed in addition to the illegal acts committed on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act; however, it is difficult to deny the criminal act; however, the criminal act is determined by taking account of the circumstances, including the two recommended contracts due to unabundance; in particular, it is pure primary offenders who have not become a criminal suspect, except for this case until 68 years old, and the amount corresponding to the illegal act shall be determined;

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