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(영문) 서울중앙지방법원 2015.08.13 2015고정834
무고
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 11, 2014, the Defendant prepared a false complaint against D at the Defendant’s home located in Seocho-gu Seoul Metropolitan Government C and 202, using a computer.

The written complaint states that "D arbitrarily revises the part of the brokerage commission among the specifications for confirmation of the object of brokerage and punishs the complainant's seal after the complainant was affixed." In fact, the defendant had no explanation D that D would change the brokerage commission amount to 959,508 won because, in the course of purchasing the officetel through D's brokerage, the broker fee was 2,071,080 won due to the error in the automatic calculation program of the brokerage commission in the course of purchasing the officetel. Therefore, the defendant changed the brokerage commission amount to 959,508 won in the place where the above officetel seller succeeds to the loan from the above officetel seller. Since D had a witness that D had a correction of the part of the brokerage commission and had a seal affixed to D, D had not changed the above confirmation statement.

Nevertheless, on October 12, 2014, the defendant submitted the above complaint to police officers whose name is not known in the Seoul Seocho-gu Seoul Seocho-gu Seoul Seocho-gu Seoul Seocho-gu civil petition office of the Seoul Seocho-gu police station.

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

Summary of Evidence

1. Part concerning D's statement in the witness examination protocol of this court concerning D's witness examination

1. Each protocol of examination of prosecution and police officers concerning D;

1. Investigation report (E telephone call);

1. A complaint;

1. A forged document, a sales contract, a description verifying the object of brokerage, and a receipt;

1. Application of the Acts and subordinate statutes to photographs of text messages;

1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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