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(영문) 서울동부지방법원 2019.01.25 2018고단1332
무고
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Criminal facts

On June 13, 2017, the Defendant drafted a written complaint against the above B and C at the Seoul Mine Police Station located in Gwangjin-gu, Seoul, Seoul, with the aim of having the Defendant receive criminal punishment against B and C.

A written complaint was the purport that "No one had prepared a document to establish a mortgage contract with respect to a building located in Gwanak-gu in Seoul Special Metropolitan City, which was owned by the complainant after obtaining KRW 100 million from the DNA bank, the defendant's third party conspired to forge and use the document to establish a mortgage contract under the name of the complainant and to punish him/her as being punished by the document to establish a mortgage contract in the name of the complainant."

However, on July 9, 2010, the Defendant agreed to set up a collateral with respect to the above building jointly owned by the Defendant and the wife G as collateral for the lending of KRW 600 million from the said bank by D Bank located in Mapo-gu Seoul, Seoul, and submitted to the Defendant Nonparty B, who is an employee of the said bank, a written contract to set up a collateral with respect to the said building, with the maximum debt amount of KRW 780 million.

Nevertheless, on June 13, 2017, the Defendant submitted a false complaint to the police officer belonging to the public service center of the Magjin Police Station with the intent to escape from such liability as above.

As a result, the Defendant reported false facts to B and C for the purpose of having them punished.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and B;

1. Examination protocol of suspect B prepared by the prosecution (including the part contained in the defendant's statement);

1. Each police suspect interrogation protocol as to B and C (including the defendant's statement written);

1. Each police statement of the defendant;

1. Documents to establish a mortgage contract, indication of real estate, statement of evaluation of machinery and tools, written credit transaction agreement, credit approval and review;

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