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(영문) 대전지방법원 홍성지원 2016.08.23 2016고단238
무고
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 18, 2013, the Defendant concluded a real estate sales contract that sells the above two parcels of land in total of KRW 10 million, KRW 120 million, KRW 130 million, and KRW 100 million in total to the agricultural bank account of the Defendant for the same day after he/she received KRW 10 million as the down payment, and then terminated the said real estate sales contract under the condition that he/she pays KRW 10 million for the down payment and KRW 8 million for penalty around March 24, 2014. However, on April 11, 2014, the Defendant filed a claim with the Daejeon District Court for the payment of KRW 5 million with the Defendant for the said two parcels of land in total.

On September 11, 2015, the Defendant prepared a false complaint with respect to E at the F judicial scrivener office located in the Chungcheong voice.

A written complaint contains the following: “Defendant Nonparty E voluntarily prepared a certificate of termination of the real estate sales contract at the ordinary and unspecified land on March 24, 2014 at the date of the complaint: (a) affixed another person’s personal seal in the seller column; and (b) submitted the certificate of termination of the real estate sales contract to the Daejeon District Court of Hongsung Branch of the Daejeon District Court for the submission of the certificate of termination of the real estate sales contract to a court of subsidies for Hongsung Branch of the Daejeon District Court to punish the forgery and use of the certificate of termination of the contract; and (c) on March 24, 2014, the Defendant directly affixed the certificate of termination of the real estate sales contract at the G General Office located in the Chungcheongnamnam budget around March 24, 2014, and therefore,

Nevertheless, on September 14, 2015, the defendant submitted the above complaint to the police officer who is unable to know his name at the public service center of the Chungcheongnam-nam Budget Police Station located in the Chungcheongnam-nam Budget Office.

In this respect, the defendant made a false accusation against E for the purpose of criminal punishment.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Legal statement of witness E;

1. Notification of the results of each fingerprint appraisal;

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