logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2013.09.12 2013고정1849
무고
Text

Defendant shall be punished by a fine of 1.2 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On March 21, 2012, the Defendant: (a) at the public service center of the Seoul Gangnam-gu Seoul Northern Police Station located in the Gangnam-gu Seoul Metropolitan Government 415-15, the Defendant: (b) made a written petition to the police officer in charge of the police station, stating that the respondent C necessary for reporting the death of D, who is the birth of the petitioner A, while obtaining the petitioner’s personal seal impression and seal impression; (c) in collusion with the respondent E; and (d) made use of it by forging the power of attorney for claiming insurance proceeds under the name of the petitioner; and (d) submitted it to the police officer in charge.

However, the Defendant’s father, on January 25, 201, completed the Defendant’s death report as to D on January 25, 201, and thereafter, the Defendant entrusted C with the preparation and submission of a power of attorney to claim insurance proceeds due to the death of D and delivered a certificate of personal seal impression and seal impression. As C and E conspired to “necessary for the death report,” the Defendant’s certificate of personal seal impression and seal impression were assigned, or there was no fact of forging the Defendant’s proxy under the Defendant’s name.

Nevertheless, the Defendant, with the aim of having C and E subject criminal punishment, filed a false complaint with the intent of having C and E do so.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Examination protocol of suspect C by the prosecution;

1. Each police suspect interrogation protocol of C and E;

1. The police statement of the defendant;

1. A written petition;

1. Each investigation report (general), investigation report (Attachment of a certified copy), investigation report (Attachment of a certified copy), and investigation report (Attachment of details in whichC delivers part of insurance money to the accused);

1. Application of Acts and subordinate statutes to D's basic certificates and copies of death declarations;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 157, 153, and 55 (1) 6 (Confession) of the Criminal Act, which are statutory mitigation;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

arrow