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(영문) 서울중앙지방법원 2015.03.20 2014고단9787
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 became final and conclusive.

Reasons

Punishment of the crime

On June 4, 2013, at the Seoul Eastern District Court, the Defendant was sentenced to a fine of KRW 2 million due to defamation by pointing out false facts by using “C, home destruction crime, and crime of forging official documents” on the joint wall of C around October 8, 2011. In this regard, C was present and testified as a witness of the instant case on May 14, 2013.

On December 2, 2013, the Defendant issued a false statement to the effect that “A, a complainant, requested the trading of a private taxi license of the complainant to D around August 1998,” and “C, the head of the Seoul Personal taxi Transport Business Association F branch, issued a written report on the change of the passenger transport business plan (vehicle) to D and E, despite the complainant’s absence of the complainant’s intent to make a request. However, the Defendant issued a false statement to the effect that he did not directly attend as a witness of the case, such as defamation against the complainant, and did not directly take part in the document issuance, and did not directly take part in the document issuance, and that the complainant knew that he/she applied for a report on change and received it directly.” On December 30, 2013, the Defendant issued a written complaint to the Seoul Central District Prosecutors’ Office located in Seocho-gu, Seoul.

However, the fact is that at the time the defendant requested the defendant to sell and purchase the defendant's personal taxi license to D and during that process, the above passenger transport business plan is changed from the defendant's vehicle to the E-owned vehicle, and C is not issued unlawfully even if the defendant did not intend to apply for the issuance of a certificate of completion of report in accordance with normal procedures.

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