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(영문) 대전지방법원 2018.01.09 2017고단3119
무고
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 20, 2017, the Defendant submitted to the Seo-gu Daejeon Police Station a letter of complaint to the effect that “Defendant C and D conspired to forge and arbitrarily prepare and exercise a certificate of borrowed money borrowed in the name of the complainant, the complainant was punished.” On April 10, 2017, the Defendant made a supplementary statement in relation to the above case at the Busan Police Station and the Economic 2 Team office.

The statement was written by the Defendant C and D as the title “A” in the name of “A”, “C” in the blank section of the loan amount, “36% per annum” in the interest column, “36% per annum on August 26, 2011” in the column of the preparation date, and “A” in the name of “A” with the seal similar to the seal impression of A, which is a private document concerning rights and duties, affixed to the name of “A,” and forged one copy of the instrument borrowed in the name of “A”, which is a private document concerning the rights and duties, with the intention of using the seal affixed to the seal affixed to the name of “A”, which is a private document related to the rights and duties, on the ground that it is not known that the forged document was delivered to the support staff of the Daejeon District Court as a document that was duly formed.”

However, on April 26, 2011, the Defendant borrowed KRW 8 million from C through D's introduction from the E-Certified Judicial Scriveners Office located in the public domain on April 26, 201, and allowed F, the head of the above Certified Judicial Scriveners Office, to build a personal seal impression of the Defendant and to prepare a certificate of borrowed money under the name of the Defendant and C with the content consistent with the legal relationship.

Accordingly, the defendant reported false facts to C and D for the purpose of having them punished.

Summary of Evidence

1. Legal testimony of witness D;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Entry of D or C in the suspect examination protocol concerning D in relation to the prosecution;

1. Statement on March 20, 2017 at the complaint;

1. Statement of the police statement against the defendant;

1. Two copies of a copy of a certificate of borrowing money;

1. A copy of the certificate;

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