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(영문) 수원지방법원 안양지원 2017.02.07 2015고단1866
무고
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal records] On January 7, 2015, the Defendant was sentenced to four years of imprisonment for a crime of fraud at the Seoul Central District Court, which became final and conclusive on December 10, 2015, and on June 17, 2016, the Seoul Central District Court sentenced four months of imprisonment for a crime of fraud at the Seoul Central District Court, which became final and conclusive on August 25, 2016.

[2] On December 19, 2014, the Defendant: (a) stated in the Seoul detention center located in the Seocho-si Seoul Special Metropolitan City (hereinafter “Seoul detention center”) that “the complainant prepared and delivered a contract for the transfer of the claim to Defendant C, D, and E; (b) however, the amount of the claim for the return of the leased deposit and the amount of the transfer amount at the time of the delivery were publically obstructed; (c) stated in the column of the claim for the return of the leased deposit amount at will by the Defendant Nonparty, “480,000,000,000)” in the column of the claim transfer amount; and (d) exercised in the manner of sending it to the lessor F by proof; and (e) drafted a written complaint to the effect that the Defendant Nonparty would be punished as the crime of forging of the private document and the crime of carrying out the above investigation document; and (e) accepted the same by mail to the public service office of Gyeyang-gu local branch offices located in the public service center of Suwon District.

However, it is not arbitrarily prepared by C, D, and E for the amount of the claim for refund of the leased deposit and the amount of the transfer under the above contract for the transfer of the bonds, but D is written in the presence of the defendant with the consent of the defendant.

Accordingly, the defendant did not dismiss C, D, and E.

Summary of Evidence

1. Each legal statement of witness C, E, and D;

1. Complaint;

1. Previous convictions: The application of a written reply to inquiry, such as criminal history, etc., the text of the Seoul Central Court Decision 2013 High Court Decision 2508, the text of the Seoul Central Court Decision 2013No. 513, the text of the Supreme Court Decision 2015Do1572, the summary information of the case (Seoul Central Prosecutor's Branch Office Decision 2015 type No. 2215), the text of the judgment (Seoul Central Branch Office Act 2015 type No. 2419), the text of the judgment (Seoul Central Branch Office Act 2016No. 199), and the text of the judgment (Supreme Court Decision 2016Do926).

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

1.Article 40 of the Criminal Code of Trade and Trade.

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