(영문) 서울중앙지방법원 2015.10.14 2015고정3006

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(영문) 서울중앙지방법원 2015.10.14 2015고정3006

무고

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around January 23, 2014, the Defendant submitted a written complaint to the Seocho-gu Seoul Central District Public Prosecutor's Office of Seoul, Seocho-gu, Seoul Central Public Prosecutor's Office to the effect that "B, as if the Defendant was married, took many money from not only the complainant but also his/her mother's mother on several occasions, and the complainant was detained on January 5, 2012, the Defendant appointed the attorney and took money. Upon being detained on January 5, 2012, the Defendant filed a marriage report without the consent of the complainant to bring more money, and even after the marriage report, the Defendant continued to take money and continued to take money money even after the marriage report, while filing an application for the invalidation of the marriage even after the marriage report, and thus, it is no longer possible to take money." In doing so, the Defendant submitted a written complaint to the effect that "The Defendant Nonparty B was thoroughly investigating and punishing the case for judicial divorce."

However, on January 30, 2012, the fact that B reported a marriage to the Defendant was made at the time when the Defendant was detained on several occasions due to sexual assault case, and the Defendant’s mother was accompanied to Seongbuk-gu Office as a guarantor, and the above marriage report was submitted to the full bench as a normal reference material favorable to the Defendant by the Defendant’s defense counsel around July 5, 2012, and the Defendant also sent to B the audit letter to believe himself under detention and to be audited by the declaration of marriage. Thus, there was no forgery of the marriage report.

As a result, the Defendant submitted a false accusation that forged a marriage report for the purpose of having a criminal punishment imposed upon B, and brought B a false accusation.

Summary of Evidence

1. Defendant's legal statement;

1. B’s statement in the suspect examination protocol of the prosecution concerning B;

1. The police statement of the defendant;

1. The suspect interrogation protocol of the police as to B;

1. A criminal complaint prepared by the defendant;

1. Copy of the marriage report;

1. The complainant shall be the suspect.

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