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(영문) 부산지방법원 동부지원 2013.10.22 2013고단1498
무고
Text

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

However, 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 July 13, 2012, at an attorney-at-law office where the trade name in Busan is unknown, the defendant prepared a false complaint with respect to C and D using a warranty protocol for the purpose of having C and D punished criminal punishment.

In collusion with C and D, the chief of the complaint did not forge the written mortgage-backed contract under the name of the defendant and then deliver it to a certified judicial scrivener E who was unaware of the forgery, and there was no fact that C and D forged the written mortgage-backed contract under the name of the defendant.

Nevertheless, around July 13, 2012, the defendant submitted a written complaint to the public official in charge who is not able to know his name at the Busan District Public Prosecutor's Office's Office located in Busan Dong-dong 1501, Busan District Public Prosecutor's Office, and filed the complaint with C and D.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, D, and E;

1. Report of investigation (Attachment of the result of case search), and result of case search;

1. Complaint;

1. A copy of the loan certificate [the reason for the judgment of the crime: the defendant is the land and the above ground building which is the object of the right to collateral security (hereinafter "the real estate in this case").

The property inherited to this father and has a special meaning to the defendant, but there is no reason to set up the right to collateral security on the real estate owned by the defendant for the entire wife C of de facto marital husband C, not other persons, and the defendant's writing in relation to the above right to collateral security was argued that the defendant, who became aware of the establishment of the right to collateral security, requested the defendant who was late after the establishment of the right to collateral security, to prepare a written loan certificate to cancel the right to collateral security and to terminate the right to collateral security. However, the defendant was in a de facto marital relationship from November 2009 to June 201, while 201, the defendant provided a pro facto marital relationship with C with C, while lending money necessary for the establishment of the right to collateral security from November 2009 to November 201.

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