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(영문) 서울중앙지방법원 2018.05.30 2018고정771
무고
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a trade name C, the owner of the building D located in Dongjak-gu Seoul Metropolitan Government, and E is a tenant who has leased the first floor store of the above building.

Defendant

The dispute arising in relation to the lease of the above store, and the defendant filed a lawsuit in relation to the case of "building name lawsuit" and "the lawsuit of claim for premium, etc." and "E", respectively.

The Defendant filed a complaint against E with the Seoul Central District Court Decision 2016Ga 5252983, etc. to the effect that the evidence of “written consent to use” submitted by E is invalid, and that the Defendant directly prepared and submitted “written consent to use” to the said court as evidence by forging E to the said court. On August 11, 2017, the Defendant filed a complaint with the Seoul Central District Court to the effect that he/she submitted the above written consent to use to the said court. The Defendant filed a complaint with the Seoul Central District Court to the effect that he/she submitted the said written consent to use to the said court. On August 11, 2017, the Defendant received a complaint against E as “private forgery, forgery of private documents, use of the said document, fraud of litigation, etc.” against E under Article 73511 of the Seoul Central District Public Prosecutor’s Office.

Summary of Evidence

1. Statement of the police interrogation of the accused;

1. Copy of the complaint;

1. Application of the Acts and subordinate statutes to the original written approval for use or written approval for use;

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;

1. The gist of the argument is that the defendant did not have an intention to file the complaint of this case because he/she has no memory to prepare a written consent to use.

2. Determination

A. The criminal intent in the crime of false accusation is not necessarily required to be a conclusive intentional but is also sufficient for dolusent intent. Therefore, the crime of false accusation is established by reporting the fact that the reporting person is not true, and it does not require conviction that the reported fact is false.

In the case of false accusation.

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