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(영문) 수원지방법원 성남지원 2017.11.23 2017고정1338
무고
Text

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

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

Reasons

Punishment of the crime

Although the Defendant allowed C, a workplace partner, to obtain a loan using the Defendant’s name, the Defendant did not pay C with the loan according to a promise, and C prepared a loan transaction agreement with the Defendant and submitted it to the lending company.

On January 2017, the Defendant had F, the head of the office of B attorney, prepare a written complaint to the effect that “C, without the consent of the Defendant, forged a loan transaction agreement in the name of the Defendant and borrowed KRW 13 million from the lending enterprise, thereby punishing the lending enterprise as a crime of forging private documents and a crime of gambling,” in a restaurant where the Defendant working for the Defendant in Gwangju-si, Gwangju-si.

However, in fact C did not forge a loan transaction agreement because it obtained consent from the defendant so that the lending company can obtain a loan from the lending company using the name of the defendant.

Nevertheless, on March 6, 2017, the defendant submitted and received the above written complaint to the person in charge of the public service center in the Southern Police Station, which is located in 27 as the examination team in the Namnam-si of the Gyeonggi-si.

As a result, the defendant made a false accusation for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on a complaint and a respective loan transaction agreement;

1. Relevant Article 156 of the Criminal Act concerning the facts constituting an offense, Article 156 of the Criminal Act selecting a fine, and the choice of

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;

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