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(영문) 창원지방법원 2015.05.13 2014고단2830
무고
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 2, 2014, the Defendant prepared a complaint stating that “A person who is the Defendant’s wife, took out a loan of KRW 2 million from a social company E&Wnph Happha in the name of the Defendant on March 8, 2010 without any internal permission, and forged and uses one copy of a loan contract, and took out a loan of KRW 2 million from the M&Wn's capital without permission within the same day under the name of the beneficiary of the contract, and then forged one copy of a loan contract.”

However, at the time, the defendant want to receive a loan due to the lack of operating expenses of a private teaching institute from C known to the general public, and in the name of C, the defendant is able to obtain a loan by lending the name of the defendant to C, and the defendant's seal impression book, personal seal certificate, resident registration certificate, and passbook of foreign exchange bank, etc. necessary to receive a loan are permitted to obtain a loan directly to C in the name of the defendant.

Nevertheless, the Defendant submitted and received a written complaint stating false facts to the public service center of the Kimhae Police Station on April 2, 2014 for the purpose of having C subject to criminal punishment.

Summary of Evidence

1. C’s legal statement;

1. The police statement of the defendant;

1. The above reply (all documents submitted at the time of loan agreement) and investigation report (any document submitted for loan shall be attached);

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 156 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] No person who has no basic area (6 to 2 years) (6 to 2 years) of the Social Service Order 1 (decision of sentence) (decision of sentence] The crime without a sentence can cause a serious pain to a person who is under no command, and may lead to the exercise of a false state penal authority if a person commits a mistake, etc.

However, the crime of this case is committed.

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