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Reasons
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(영문) 서울중앙지방법원 2014.04.23 2013고단7221
무고
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A defendant shall be punished by imprisonment for one year.

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

Around August 13, 2013, the Defendant prepared a written complaint stating that “The representative director of the company in charge of the settlement of disputes, who is the Defendant, forged the OEM supply contract on August 1, 2009 at a place in which it is in fact and submitted it to the Incheon District Court civil petition and the Incheon District Court as evidence of a provisional attachment application, goods price collection and claim for damages,” and received the above written complaint to the Seoul Central District Public Prosecutor’s Office in Seocho-gu Seoul Central Public Prosecutor’s Office in Seocho-gu, Seoul on the same day.

However, on August 18, 2009, the defendant heard that it is necessary to make an OEM supply contract in order to make a business registration by adding the type of business from a certified tax accountant I traded by the defendant, and requested the KOEM supply contract to the KOEM supply contract. On the same day, the KOEM supply contract and the free-use contract for real estate use prepared by the KG employee J as of August 1, 2009, signed his seal imprint and affixed his seal imprint to the tax accountant I, and submitted the above documents to the Incheon EOM supply contract, and there was no fact that HH, the defendant, did not forge the above OEM supply contract.

As a result, the defendant committed a false accusation against H for the purpose of having H receive criminal punishment.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of the witness H;

1. A protocol of examination of part of the defendant by prosecution;

1. The police suspect interrogation protocol of H;

1. Each police protocol against the defendant and J;

1. Written complaint (three pages of evidence);

1. Each OEM supply contract and each contract for free use of each real estate;

1. Data from the computer screen;

1. Application of Acts and subordinate statutes to each investigation report (Evidence Records 293, 296, 309, 310);

1. Relevant Article 156 of the Criminal Act and Article 156 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act;

1. The defendant and the defendant under Article 62-2 of the Criminal Act of the community service order.

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