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(영문) 서울동부지방법원 2018.12.19 2018고단3312
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

On August 13, 2018, the Defendant: (a) in the residence of the Defendant in Gyeonggi-gu, Gyeonggi-do; (b) for the purpose of having C be subject to criminal punishment, he/she delegated C with the right to the documents by returning the application for return to the Republic of Korea submitted to the Defendant for return to the Republic of Korea on October 18, 2017 by a computer around October 18, 2017; and (c) for the purpose of having C receive criminal punishment.

On October 18, 2017, “A” prepared and printed out, and then arbitrarily sealed A’s stamp, and then submitted an application to obtain a loan for agricultural start-up and purchase of houses to return to rural communities by using a computer in around 18:30 of the same day as “application for withdrawal of the portion of application for agricultural start-up and purchase of houses to return to rural communities” and submitted the application to obtain a loan for agricultural start-up and purchase of houses to return to rural communities, but the withdrawal source to proceed

No. 18, Oct. 18, 2017, a written complaint was prepared to the effect that “A” was prepared and printed, and then arbitrarily sealed the A’s seal and affixed a letter of delegation in the name of A, a private document pertaining to rights and obligations, and an application for the withdrawal of an application for agricultural start-up and purchase of houses to return to rural communities, and submitted it to the public official in charge of the Eunpyeong-gu Agricultural Policy and Public Officials in charge around October 19, 2017.”

However, on October 18, 2017, the Defendant delegated C with the authority to prepare a letter of delegation in the name of the Defendant, and a letter of withdrawal of application for the purchase of agricultural business start-up and housing to return to rural communities. Since C prepared it in accordance with the purport of delegation, C had no authority to arbitrarily prepare the said document without authority and had no fact of using it by forging it by sealing the seal of the name of the Defendant.

Nevertheless, around August 13, 2018, the Defendant submitted a written complaint prepared by the public prosecutor's office of Dong-gu Seoul District Public Prosecutor's Office to the person in charge of civil petitions, and made a statement to the same effect after attending the public prosecutor's office as the complainant.

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