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(영문) 서울동부지방법원 2017.01.18 2016고단745
무고
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From February 3, 2014, the Defendant is a person who served as the representative director of E for wholesale and retail business such as cosmetics in Seocho-gu Seoul Metropolitan Government D Building, and F was in charge of the audit of the said company.

On March 23, 2015, the Defendant prepared and submitted a false complaint with respect to F, as Seoul Songpa-gu Seoul, at the public service center of the Pakistan Police Station located in 221.

Although the complainant did not permit the Defendant F to enter into a lease agreement with the third floor office of the building in Songpa-gu Seoul Metropolitan Government under the name of the tenant, the complainant was the content that “F arbitrarily prepared, forged, and submitted to the lessor as if the lessor was a document, without the authority of the patrolman on May 2014.”

However, the defendant agreed F to enter into a lease contract with E as a lessee, and the above lessor signed each of the alternative slips for voluntary payment of deposit amounting to KRW 20 million and monthly rent.

As a result, the Defendant reported false facts to public offices as above for the purpose of having F punished criminal punishment.

Summary of Evidence

1. Each legal statement of witness F and I;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Complaint;

1. Lease contract;

1. The Defendant and the defense counsel did not permit or delegate a contract of lease on June 17, 2014 (hereinafter “instant lease contract”) with respect to the third floor office of Songpa-gu Seoul Metropolitan Building (hereinafter “instant office”) to a person without any intention to do so, and thus, the Defendant and the defense counsel did not have any permission or delegation to the third floor office of Songpa-gu Seoul Metropolitan Government G Building (hereinafter “E”). Therefore, the Defendant’s complaint against a person without any intention to do so is true, and the Defendant did not have any intention to do so.

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