(영문) 서울중앙지방법원 2016.10.26 2015고단7203

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(영문) 서울중앙지방법원 2016.10.26 2015고단7203

무고

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 22, 2014, the Defendant submitted a written complaint to the public service center of the Seoul Gwanak-gu Seoul Special Metropolitan City Gwanak-gu Seoul Special Metropolitan City Gwanak-ro 33 to the effect that “E is punished for the crime of forging private documents, etc.” and stated it to the same effect as the investigative police officer on November 11, 2014 and February 23, 2015.

The contents of the complaint and each statement are as follows: "E prepares a lease contract with a lessorF around March 28, 2012, and enters the tenant's "G" at will in the column of the tenant's joint and several sureties, which is a joint and several surety of the tenant, and conceals the fact that the complainant is a joint and several surety, and makes the complainant sign the contract on seven pages, and uses the contract by forging the lease contract with the complainant as a joint and several surety."

However, even before the conclusion of the above lease contract, the Defendant consented to E to become a joint and several surety for the above lease contract, as well as to the fact that around March 28, 2012, the entire lease contract was read and signed on the column as a joint and several surety for the contract and entered the Defendant’s resident registration number, etc., it was well known that E did not forge the column as a joint and several surety for the above lease contract.

Nevertheless, for the purpose of criminal punishment of E, the Defendant submitted a false complaint to E, and made a statement to the same effect, thereby barring E.

Summary of Evidence

1. Each legal statement of witness F, H and I;

1. Statement of the police statement against the defendant;

1. Statement of the accused in the suspect interrogation protocol (in substitution, first time) of the police officer regarding E;

1. Contract;

1. A report on investigation (Attachment of reference materials for suspect E's obligation), details of bank transactions, output of e-mail, business registration certificate, report on the establishment of a medical institution;

1. Determination as to the assertion by the accused and the defense counsel

1. The gist of the claim.

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