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(영문) 서울중앙지방법원 2017.07.07 2016고단8600
무고
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On June 2015, the Defendant brought an action against the Defendant seeking payment of KRW 290,000,000,000,000,000,000 against the Defendant. On July 2015, the Defendant tried to file a false complaint with the effect that C, which submitted as evidence for the above civil and criminal cases, would be disadvantageous to the Defendant, with the possibility that C’s monetary consumption lending and borrowing agreement, which was submitted by C, would be disadvantageous to the Defendant.

Around November 12, 2015, the Defendant, via an attorney-at-law, prepared a written complaint to the effect that “CA deems it necessary due to tax relations with the Defendant on December 2, 2014, and obtained the head of the personal seal impression in the name of the Defendant from the Defendant, and subsequently exercised it after forging a monetary consumption loan agreement with the intent to lend KRW 350 million to the Defendant using it,” and submitted it to the police officer in charge at the Seocho Police Station located in Seocho-gu Seoul, Seoul, as distributed in Seocho-gu.

However, on December 2014, the Defendant’s seal impression was affixed on a monetary consumption lending contract stating that “C lends KRW 350 million to the Defendant,” with the Defendant’s consent, at a car page where it is impossible to identify the trade name near the Hanam-si, Ha-si, the Defendant affixed the above seal impression in the monetary consumption lending contract.”

As a result, the defendant was sentenced to criminal punishment against C.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Statement concerning C in a protocol concerning the interrogation of suspects by the prosecution;

1. Statement of the police statement against the defendant;

1. Description of the petition (two pages of the record of evidence);

1. Certificate of Seal Imprint (Duplicate), certificate of deposit, judgment (2015 Gohap 538705, loans), real estate (real estate) monthly books, drug books of the same industry, contract for renunciation of joint business, and output of text messages between the suspect and the deceased (No. 2013.10 - - 2015 - 138705, Sept. 2015)

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