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(영문) 서울남부지방법원 2014.09.25 2014고단893
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 September 9, 2013, the defendant prepared a false complaint against C at the office of a certified judicial scrivener office where it is impossible to know the trade name in Guro-gu Seoul Metropolitan Government.

In collusion with Han-il Development Co., Ltd., the representative of the Seoul Special Metropolitan City D, and 27 new apartment and commercial building construction company, the defendant Eul, the representative of the E-Union, the execution company of the apartment and commercial building construction on the same parcel, on December 29, 2008, stating that Han-il Development Co., Ltd. loaned KRW 240 million to C and repaid the purchase price of the apartment and commercial building, as A on December 29, 2008, a joint guarantor of the contract for the loan for consumption, signed a forged and used the above contract for the loan for consumption of money, which is a private document, by arbitrarily affixing a forged seal affixed thereon, and at the time, there was no fact that the above C used the defendant's seal on the part of the defendant Eul, the joint guarantor of the above contract for the loan for consumption of money.

Nevertheless, on September 9, 2013, the defendant submitted the above complaint to the public service center of the Seoul Gwanak Police Station located in Gwanak-ro 5-gil 33, Gwanak-gu, Seoul, and the police officer in charge.

Accordingly, the defendant committed a false accusation for the purpose of having the above C receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Second prosecutor's protocol of interrogation of the accused (including F and C's statement);

1. Statement by the prosecution against C;

1. Application of the Act and subordinate statutes of an investigation report (in relation to the cases No. 2013 type No. 102096), a suspect A's complaint and a statement submission report;

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Articles 157, 153 and 55 (1) 3 of the Criminal Act for mitigation of confessions;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending sentence] Article 62(1) of the Criminal Act, the basic area (6-2 years to 6-2 years) of the sentence (the decision of sentence] does not exist.

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