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(영문) 서울남부지방법원 2016.08.16 2016고단2299
무고
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal history] On December 9, 2014, the Defendant was sentenced to a suspended sentence of 6 months for a crime of intrusion upon residence at the Seoul Southern District Court on December 9, 2015, and the said sentence became final and conclusive on December 11, 2015. On September 8, 2015, the Seoul Southern District Court sentenced a suspended sentence of 1 year for a suspended sentence of 4 months for a crime of intrusion upon residence at the Seoul Southern District Court on April 28, 2016, and is currently under the grace period.

On December 16, 2015, the Defendant was charged with non-detained as a crime of intrusion upon residence with Seoul Southern District Court and appealed on June 9, 2016 and is currently under trial at the appellate court.

[2] On April 20, 2016, the Defendant submitted a petition to the public service center of the Guro-gu Seoul Metropolitan Government Police Station located in Guro-gu Seoul Metropolitan City, Guro-gu, Seoul, on April 20, 2016, stating that “The Defendant is punished as a crime of intrusion on residence, since the Defendant, even though he was owned by the petitioner A, D, E, and E, had the above apartment, taken away from the petitioner of the case.”

However, the above apartment was acquired by the defendant on October 10, 201, but on June 3, 201 and November 3, 2011, it was impossible to pay the loan principal even after obtaining the above apartment loan from the National Bank of Korea as collateral, and the auction was conducted on November 22, 2013 upon the application for voluntary commencement of auction by the above National Bank, and on July 7, 2014, the above D acquired the ownership by winning the successful bid of KRW 4.5 million, and on September 23, 2014, the above D was owned by the above D, and on September 23, 2014, the above D was properly occupied by the execution of the delivery of real estate by the Seoul Southern District Court, and therefore, the above D and its husband E were just residing in the above apartment and did not intrude on the defendant's residence.

Nevertheless, Defendant D and E prepared a false statement for the purpose of having the above D and E subject to criminal punishment, and submitted the above statement to the police officer under his/her name in the Seoul Guro-gu Seoul Police Office civil petition office, thereby making the above D and E free order.

Summary of Evidence

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