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(영문) 대구지방법원 2021.02.15 2020고단3759
무고
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On November 12, 2019, the Defendant prepared a false complaint with respect to B at the Busan Police Station, which was in effect 68, Masan-si.

The complaint shall be owned by the creditor if he/she fails to repay the maximum amount of KRW 52 million to an unauthorized house on the surface of the C and D around December 14, 2014, and the letter of confirmation in the name of the defendant shall be forged, and on March 13, 2018, he/she shall not raise an objection to the effect that the debtor himself/herself borrowed the amount of KRW 37,000,000 ( KRW 37,000,000) on February 14, 2014 and KRW 37,000 ( KRW 00,000) on March 13, 2018, and he/she borrowed the amount borrowed by himself/herself from the creditor, and he/she shall not pay the principal and interest of the amount borrowed by himself/herself to the creditor.

“A letter, each of the private documents under the name of the Defendant, which is a private document, was forged, and sent to the Defendant’s domicile on June 25, 2019, and was exercised by mail, and submitted to the Daegu District Court for voluntary auction of real estate around October 25, 2019.”

However, on February 14, 2014 and March 13, 2018, when the defendant prepares documents for the establishment of a right to collateral security in the course of borrowing money from B, the documents for the establishment of a right to collateral security were not forged in the above documents.

Nevertheless, on November 12, 2019, the Defendant submitted a written accusation to the Gyeongsan Police Station, which is 68, Sinsan-si, Sinsan-si, and on November 18 and November 25, 2019, the Defendant appeared at the investigation of the above police station and the Economic 3 Team office as a complainant and stated to the same effect as the written accusation.

In this respect, the defendant committed a criminal punishment against B for the purpose of having B punished.

Summary of Evidence

Defendant’s legal statement at the fifth trial date;

1. Legal statement of the witness B;

1. Statement made by the police against B;

1. The defendant has been prepared;

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