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(영문) 창원지방법원 2015.04.24 2014고정923
무고
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On April 24, 2014, the Defendant: (a) at the Changwon Police Station located at the window of Changwon-si, filed a complaint with the purport that “C, who is the Defendant, lent the attached seal by borrowing the attached bonds on June 14, 2012; and (b) did not inform the details of the written notice of assignment; (c) written the written notice of assignment without notifying the owner of the attached documents; (d) forged the written notice of transfer without any permission; and (e) sent the written notice of transfer to the owner of the house, who resides in the payment by using any amount larger than the amount of full payment, and then sent C a written notice of transfer of the claim to return the leased deposit.”

However, on June 14, 2012, the Defendant: (a) around 14, 2012, at the time, held that the Defendant had the Defendant’s seal impression in C and C; (b) obtained a loan certificate, standard contract for loan transaction; and (c) confirmed all the documents after obtaining a loan certificate, loan transaction contract; and (d) attached the Defendant’s seal impression to C’s seal impression on the loan certificate, loan transaction standard contract; and (e) sought that C will receive the Defendant’s lease deposit return claim and execute it without paying money from C; and (e) delegated the right to prepare a notice of assignment

Nevertheless, the Defendant filed and received a complaint stating false facts with C around April 24, 2014 with the aim of having C punished criminal punishment, and filed and received it to the public service center of the Seocho Police Station.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the statement made by C by a witness in the sixth trial record;

1. Notice on the assignment of forged claims;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the selection of punishment;

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. Article 334 (1) of the Criminal Procedure Act.

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