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(영문) 인천지방법원 부천지원 2014.07.09 2014고단730
무고
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 15, 2013, the Defendant submitted a written complaint against D on behalf of the complainant C to the Ansan Police Station on behalf of the complainant C.

The contents of the written complaint stated that "A complainant did not know D and did not have any fact. D obtained a document of borrowing money, receipt, etc. from the complainant without consent of the complainant, and obtained a false loan certificate, receipt, etc., and attached a provisional attachment on the property of the complainant on the basis of receipts." On November 18, 2013, the Ansanan Police Station and the Economic Team Office stated that "D was present as the complainant's agent in the capacity of the complainant and exercised the document as if it was genuine in the process of filing an application for provisional attachment against the complainant on September 2013, 2013 by forging the document in the name of the complainant and forging the document as stated in "D had no consent to the preparation of the document or delegated his/her authority to prepare the document, and the seal affixed thereto is also affixed and sealed without permission."

However, in fact, the defendant borrowed KRW 200 million in the name of the complainant in the name of the complainant in order to raise the balance of the auction award from D through E, and it was well known that E entrusted by the defendant, who affixed the seal of the complainant, prepared a document of borrowing money and a receipt in the name of the complainant between D and D, and issued it to the defendant, and therefore, the above document of borrowing money and the receipt prepared by D are not forged.

Nevertheless, the defendant reported false facts to D with the aim of having D receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. A complaint;

1. A copy of a document for borrowing money, a copy of a receipt, and a content certificate;

1. The Acts and subordinate statutes shall provide a copy of the details of passbook transactions, and a copy of the comparison data with the complainants;

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