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(영문) 수원지방법원 성남지원 2013.08.23 2012고단1861
무고
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 9, 2009, the Defendant, as the representative director of D (hereinafter “D”), entered into a contract with the representative director and the joint and several sureties in the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) on the performance (payment) letter submitted to the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) to obtain a guaranty insurance policy necessary to lease business vehicles.

Since then, the defendant died due to the aggravation of management D, and the Seoul Guarantee Insurance paid the penalty, etc. due to the failure to execute the lease contract for the Atopy of D, and filed a lawsuit against the defendant who is a joint and several surety.

Accordingly, the defendant filed a false complaint that D's management director E has forged D's performance (payment) guarantee insurance agreement in the name of D and Defendant, and had the intention to use it for civil procedure.

On November 9, 2009, the Defendant: (a) leased a vehicle to be used in D from A, A, and without the delegation of A, to the Seoul Guarantee Insurance Co., Ltd. on his own name; (b) made a false statement to the representative director column of the agreement on guarantee insurance (payment) in the name of D and complainant at will; (c) on April 9, 2012, the Defendant entered the H building 5204-1202, I, and I, and I, of the Gyeonggi-do in the name of the complainant, and then stolen the seal impression of the complainant at each name; and (d) made a false statement to the effect that the agreement was forged in the name of D and complainant by affixing the seal impression of the complainant; and (e) made a false statement to the effect that the agreement was duly concluded under the Seoul Guarantee Insurance Co., Ltd.; and (e) made a false statement to the effect that the content of the crime was changed.

However, as above, the defendant has entered the representative director and the joint and several sureties column of the agreement on guarantee insurance that he has directly performed (payment).

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