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(영문) 서울남부지방법원 2017.09.27 2017고단2487
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 2, 2016, the Defendant acquired and substantially operated Company B, and issued a check or bill in the name of B to a person who requires the check or promissory note, using the current account opened at the same branch of C Bank.

The Defendant, around September 29, 2016, published “one million won” on the check ( check number E) in the name of B and around September 29, 2016. However, the Defendant was aware that D was aware that the amount stated in the pen was deleted and the necessary amount was stated and used.

On December 26, 2016, the Defendant: (a) at the seat of C Bank located in Yangcheon-gu Seoul Metropolitan Government F, the Defendant changed the amount of the check “(E) check to the person in charge of settlement of the check at the seat of C Bank, with the aim of having D criminal punishment.

A written statement or a written oath to the same effect while reporting “................

However, in fact, 100,000 won stated on the above check issued by the defendant to D was written in form, and in fact, the amount was in blank.

Nevertheless, on December 26, 2016, the Defendant filed a false report as above, and had a person in charge of settlement of the check and the bill of exchange at the same location C Bank, who is aware of the fact, prepare and send a written accusation on the said check, and reached the Seoul Yangcheon Police Station on December 28, 2016, thereby causing D to reach the Seoul Yangcheon Police Station on December 28, 2016. In addition, as indicated in the attached list of crimes, the Defendant rejected D up to nine times until February 28, 2017, as indicated in the attached list of crimes.

Around January 2017, the Defendant drafted a written complaint stating that “In order to obtain criminal punishment, the Defendant issued a promissory note (H) in the name of Defendant C only one million won per face value to Defendant C, using a computer, with the intent of having D obtain criminal punishment.” D forged the face value as “this thousand won,” and thus, D forged the face value to be punished.”

(b).

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