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(영문) 서울동부지방법원 2019.09.18 2016고단1144
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 February 23, 2018, the Defendant was sentenced to a suspended sentence of three years on June 11, 2019 at the Suwon District Court for criminal fraud, and the said judgment became final and conclusive on June 2019.

1. On September 21, 2015, the Defendant prepared and submitted a false complaint with respect to B and C at the public service center of the Seoul Eastern District Public Prosecutor’s Office located in the Seoul East-gu Seoul Special Metropolitan City, 404, the Defendant: (a) borrowed KRW 100 million from D on May 10, 2013, and received KRW 110,000,000,000 after two months; and (b) transferred KRW 100,000,000 to C; (c) in collaboration with the Defendant, he/she was guilty; (d) obtained KRW 100,000 from the Defendant under the name of the Seoul East-gu Seoul Special Metropolitan City Seoul Special Metropolitan City Office of Public Prosecutor’s Office; and (d) made a request for investigation by thoroughly investigating the Defendant’s complainant and making it covered with forged documents.”

On October 13, 2015, the Defendant appeared at the Seoul exists in the Economic Investigation Department of the Seoul exists, where the instant case was under investigation, and stated, “I filed a complaint with the Defendant, along with a payment memorandum issued in D on May 10, 2013, even if the Defendant did not have any contact with the Defendant, and the lower did not have any record of preparing a payment note attached at the time.”

However, on May 10, 2013, the Defendant borrowed KRW 100 million from B through E, and the Defendant prepared and ordered a payment note to B in the name of (ju) D in which the Defendant was operating, and there was no fact that B, etc. used the said payment note by forging it.

Nevertheless, the defendant submitted the above complaint against B, etc. to the public service center of the Seoul Dong District Public Prosecutor's Office as a crime of forging private documents and uttering of an investigation document, and made a statement to the same effect.

In this respect, the defendant was arrested for the purpose of having B, etc. punished criminal punishment.

2. The Defendant on March 24, 2016 Seoul.

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