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(영문) 인천지방법원 2017.05.26 2017고단1948
무고
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant was a de facto marital relationship between C and about 15 years. Upon the termination of a de facto marital relationship on February 2016, the Defendant prepared a loan certificate to pay C KRW 30 million in the future. However, C was willing to file a civil suit against the Defendant and seize the Defendant’s vehicle, thereby evading this.

Around November 20, 2016, the Defendant: (a) prepared a false statement of complaint to the E judicial scrivener Office located in Yangcheon-gu Seoul Metropolitan Government, that “A, the Defendant, was able to live together with A, who was living together with the complainant, and, (b) the Defendant, by deceiving the complainant as a document necessary for termination, etc. of the insurance; (c) had the complainant enter the name and resident registration number of the complainant in blank; (d) stated the complainant’s name and signature in blank; and (e) stated the loan certificate, daily loan amount of KRW 30,000,000, and the above amount to be repaid until December 30, 2018; (d) forged one copy of the loan certificate in the manner of stating “I wish to repay by December 30, 2018; and (e) submitted it to the Incheon District Court as a document of lawsuit; and (e) obtained a favorable judgment by deceiving the court to receive KRW 30 million,000,000,00 for a fraudulent document.”

However, as above, on April 22, 2016, the Defendant promised C to pay KRW 30 million to C, and there was a fact that he/she prepared and delivered a loan certificate that he/she would pay it up to December 30, 2018.

On November 22, 2016, the Defendant submitted a written complaint to the Incheon Western Police Station located in Seo-gu Incheon Seo-ro 77, Seo-gu, Incheon, and expressed his/her wish to punish C.

In this respect, the defendant made a false accusation for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the prosecution (net 26);

1. Each protocol concerning the examination of suspect C by the police (the net time 18, 19);

1. Statement made by the police against the accused (net 5);

1. Application of Acts and subordinate statutes to a complaint and an appraisal report;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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