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(영문) 서울서부지방법원 2018.06.08 2017고단3118
무고
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 19, 2017, the Defendant, at the office of mutual infinite certified judicial scrivener in the vicinity of the Eunpyeong Police Station, set up a complaint against the lessee D under Eunpyeong-gu Seoul Metropolitan Government 101, a multi-household house owned by the Defendant.

The contents of the complaint were as follows: “A on April 20, 2012, stating the deposit of KRW 40,000,000,000,000,000 for the lease deposit without the consent of the D Defendant; “A” stipulated each section of the lease agreement of KRW 1,5,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won; and

However, in fact, the defendant agreed to prepare a false lease contract as if the deposit was 40 million won even though the lease deposit was paid for the purpose of having his woman borrow a loan upon D's request, and the defendant directly signed and sealed the debt column for the joint and several debt column for the borrowed money so that D may borrow money.

Nevertheless, on April 19, 2017, the Defendant submitted a false complaint to the Pyeongtaek Police Station, and on May 11, 2017, the Defendant appeared at the investigation station and the first team office of the economy, and made a statement to the same purport, and made a supplementary investigation, with the aim of having D punished criminal punishment.

Summary of Evidence

1. Each legal statement of witness E and D;

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

1. Complaint;

1. A real estate lease contract, a loan certificate, a bond transfer certificate, a full certificate of registered matters (Evidence records 23 to 29 pages), and a payment confirmation;

1. Application of Acts and subordinate statutes regarding fingerprint appraisal;

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The lease contract and the borrowed money in this case at the request of D by the defendant for the reason of sentencing under Article 62 (1) of the Criminal Code of the suspended execution.

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