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(영문) 부산지방법원 동부지원 2019.01.24 2018고단1392
무고
Text

A defendant shall be punished by imprisonment for four months.

Costs of lawsuit shall be borne by the defendant.

Reasons

Punishment of the crime

B around May 14, 2013, around May 14, 2013, a promissory note prepared by the Defendant was submitted as evidence when filing an application for provisional seizure of real estate regarding the instant building (U.S. C building D) with the Defendant.

On May 6, 2015, the Defendant submitted a written complaint to the Seoul Central District Public Prosecutor's civil petition office, and to the effect that “B forged promissory notes under the name of the Defendant and sold them as evidence for the application for provisional seizure against real estate, which would be punished as forgery or uttering of private documents.”

However, the Defendant borrowed KRW 3,864,00 from B around November 2008, and signed and sealed a promissory note with B and broker E stating the amount column, etc. on the same page, and delivered it to B.

Accordingly, the defendant was arrested for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Each legal statement of the defendant, B, and E;

1. Entry in a complaint;

1. Entry and present of notarial deeds of promissory notes;

1. Application of the Acts and subordinate statutes for investigation reporting;

Article 156 (Selection of Imprisonment or Imprisonment)

1. Articles 157 and 153 of the Criminal Act for mitigation of confessions;

1. Reasons for sentencing under Article 186(1) of the Criminal Procedure Act for sentencing [the scope of recommending punishment] Article 186(1) of the Reasons for sentencing [the grounds for sentencing under Article 186(1) of the Criminal Procedure Act [the scope of recommending punishment] Article 1 of the mitigated area (one month to one year] [the person who has a special mitigation] the self-denunciation and confession [the decision of sentencing] of this case], the contents of the complaint in this case and the national adjudication function of this case are impeded, and the legal stability and benefit of the defendant are also likely to be confused, etc. It is highly necessary to impose severe punishment. However, considering various circumstances including the fact that the defendant confessions the facts charged in this case,

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