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(영문) 인천지방법원 부천지원 2012.12.06 2012고정1704
무고
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On May 31, 2012, the Defendant submitted a written complaint against D to a slope C at the public service center of the Suwon Police Station, and the content of the complaint was that “the Defendant, as the auditor of the Co., Ltd., held 40% of the shares of the said company,” and that “D, the representative of the said company, transferred 40% of the shares of the Defendant by forging the share transfer contract under the name of the Defendant, and retired from the audit office, thereby punishing D.”

However, in fact, the defendant and D had been trying to obtain the operating funds of the above company from the Korea Technology Finance Corporation, hearing that the defendant in credit problem is in office as auditor, or in case of holding shares, making it difficult to obtain the loan, transferring shares to D, obtaining the audit office, and obtaining the certificate of personal seal impression so that D will carry out such procedures.

Nevertheless, for the purpose of having D receive criminal punishment, the defendant submitted a complaint containing false facts as above, and made D unwritten accusation.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D by the prosecution;

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

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;

1. Articles 157, 153, and 55 (1) 3 (Confession) of the Criminal Act, which are statutory mitigation;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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