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(영문) 서울중앙지방법원 2016.08.10 2016고단546
무고
Text

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

Reasons

Punishment of the crime

On July 8, 2010, the Defendant created a promissory note with a face value of one billion won at the face value to G and H on the building under the name of the Defendant’s Party E (Seoul Seocho-guF).

However, H and G filed an application for voluntary auction based on the right to collateral security established in a building under the name of E on the ground that the Defendant did not grant H and G the money agreed upon with H.

The Defendant, at the time of the above voluntary auction, agreed that the collateral mortgage and promissory note offered as security were forged and thus invalid. On March 15, 201, H, G, etc. forged the said promissory note at the Seoul East District Prosecutors’ Office around March 15, 201.

On October 19, 2011, the Seoul Eastern District Court was sentenced to a fine for negligence as a crime of false accusation. Accordingly, the written contract to establish the right to collateral security was forged.

It had been argued that false accusation was made.

On June 18, 2015, at the office of the defendant in Seocho-gu Seoul Metropolitan Government I and the fifth floor, the defendant prepared a false complaint against G with the intention of having G receive criminal punishment.

The statement of the complaint states that "The defendant G, a plaintiff, forged a mortgage creation contract in the name of E around June 16, 2010, which was punished." The above mortgage establishment contract was prepared by the defendant.

Nevertheless, around June 19, 2015, the Defendant submitted the above complaint to police officers in Seocho-gu Seoul, the Seocho Police Station in Seocho-gu submitted the above complaint to G.

Summary of Evidence

1. Each legal statement of the witness J and G;

1. Statement made to A by the police;

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

1. Article 156 of the Criminal Act concerning the facts constituting the crime;

1. It is so decided as per Disposition on the grounds of an alternative imprisonment or heavier punishment;

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