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(영문) 의정부지방법원 2018.10.31 2018고정269
무고
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 17, 2017, the Defendant prepared a false complaint with regard to B, who is a seller of land B and D, at the request of the public service center of the Namyang-gu Police Station located in 532, Chungcheongnam-do, Chungcheongnam-si, Gyeongyang-si, the seller of land, using a black pen, and submitted the above complaint to police officers without his name.

The complaint shall be lodged by forging the written consent to the use of the land in the name of the complainant to the Daegu District Court that the E was shipped out to the Yong-gu District Court.

However, the Defendant agreed to purchase the said land on the condition that he/she would consent to use the F forest in Ulsan-gun, the Defendant owned as an access road to the access road. On June 21, 2016, the Defendant requested the office manager in the “H judicial scrivener Office” located in the G in the G in the Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, to prepare a written consent to use the said forest and land and did not constitute a forgery of the written consent to use the land.

In this respect, the defendant made a false accusation against E for the purpose of criminal punishment.

Summary of Evidence

1. Each legal statement of witness E, I, J, K, and L;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Complaint;

1. A written consent to land use and application of Acts and subordinate statutes of a real estate sale contract;

1. Article 156 of the Criminal Act applicable to the crime and Article 156 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Determination as to the assertion of the defendant and his/her defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act concerning the costs of lawsuit

1. The gist of the assertion is that the Defendant did not dismiss E, since there was no fact that he had to prepare a written consent to the land use of this case.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, it is recognized that the defendant prepared and concealed a false complaint for the purpose that E would be subject to criminal punishment.

A. The Defendant is from June 21, 2016, E.

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