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(영문) 서울중앙지방법원 2018.05.31 2018노364
무고
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the summary of the grounds for appeal (misunderstanding of facts), C and G’s statements, which are evidence submitted by the prosecutor, are consistent and specific, as well as consistent and detailed, and the statements are deemed reliable in light of the circumstances at the time of and after the preparation of each payment letter, the form of payment letter, etc., and the Defendant did not object to the execution recommendation decision based on each payment letter, C and C have forged each payment letter without the Defendant’s consent, even though the Defendant

It may fully recognize the fact that a false complaint has been filed.

2. Around December 6, 2016, the Defendant drafted a false complaint against C using a computer for the purpose of having C receive criminal punishment, at a place of influence in Seoul and below Seoul.

The letter of complaint states "A (D) and address" in the joint guarantor column of each letter of payment made by the person on August 20, 2014 without the consent of Section C": "B (D) and address: Gwangjin-gu E apartment unit 102 Dong 1004, and then forges A's seal and affixed A's seal on his/her name and forged A's letter of payment; and if he/she issued a forged letter of payment to G representative director G and exercised it"; and the defendant was called as a joint guarantor on August 20, 2014 on the condition that he/she newly started installation of cooling air condition suspended from C as of August 20, 2014 on the condition that he/she started installation of cooling cooling system, which was suspended from C as a joint guarantor, and agreed to enter C as a joint guarantor of the above each letter of payment, and then notified C of his/her resident registration number and address to C, and made it known, and thereafter, to H in the office of Seongdong-gu Seoul for trial operation.

G that the defendant is the joint guarantor mentioned in the above payment note.

At the same time, G directly stated the mobile phone numbers (J) of the defendant in the above payment form.

Nevertheless, the defendant is a public official in charge of civil petition at the Seoul Central District Public Prosecutor's Office around December 6, 2016.

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