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(영문) 광주지방법원 순천지원 2013.04.03 2012고단3054
무고
Text

A defendant shall be punished by imprisonment for six months.

except that 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 June 26, 2012, the Defendant filed a complaint with the public service center of the Jeonnam Police Station to the effect that “A, around January 2010, the Defendant, who is the Defendant, filed a lawsuit against A for a loan claim with the Appellant at the Busan District Court of Gwangju District Court, on or around January 2010, the Defendant submitted a complaint to the effect that “A, in order to use it as evidentiary materials of the lawsuit, the Claimant agrees to pay in full the borrowed amount of KRW 2.5 million to the Claimant by December 2009,” and “A, in order to use it as evidentiary materials, the Appellant arbitrarily signed the Appellant’s signature, affixed the seal affixed to the Appellant, affixed the seal affixed to the Claimant, and forged it with the written complaint.”

However, on April 8, 2009, when the defendant was unable to repay the money borrowed from C, the defendant found in the beauty room operated by the defendant together with his husband D, and the above D directly signed the loan certificate prepared and presented in the above contents and affixed the seal of the defendant and delivered it to C.

As a result, the Defendant reported false facts to the Jeonnam Police Station and rejected C.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A criminal complaint prepared by the defendant;

1. A report of investigation (as to the attachment of a copy of the complaint) and a copy of the complaint;

1. A written appraisal;

1. Application of Acts and subordinate statutes to loan certificates;

1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;

1. The defendant's assertion as to Article 62 (1) of the Criminal Code of the suspended execution argues that since the defendant only prepared a loan certificate of one million won to C, it is not reasonable to file a complaint with C by forging the above loan certificate of 2.5 million won.

The following facts, which can be recognized by each evidence of the ruling, that is, the defendant, in a civil trial filed by C against the defendant at the female court, the name and seal of the defendant under the above loan certificate shall be the defendant.

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