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(영문) 서울북부지방법원 2018.06.01 2017고단2978
무고
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 2, 2017, the Defendant prepared a false complaint on B with a white paper using a black pen for the purpose of having B receive criminal punishment from a member of the Seoul Si, Seoul, with the aim of having B receive criminal punishment.

The written complaint states, “The Defendant Nonparty B, from May 29, 2013 to September 28, 2013, submitted to the head office, forged a total of 11 copies of the F’s sales slip, and used it to use the national card issued by the complainant to pay the price at his own discretion, using the national card issued to pay the price when purchasing goods such as a door-to-door seller Co.,, Ltd. on the 9th floor of the Seoul Northern-gu building C building in Gangnam-gu, Seoul Metropolitan Government, and from September 28, 2013.”

However, the facts are that B prepared and submitted to the head office under the above F name as if the Defendant’s wife F purchases the Defendant’s business performance with respect to the goods that the Defendant settled with his credit card at the Defendant’s request, and it did not arbitrarily prepare and forge the F’s sales slips.

Nevertheless, around January 3, 2017, the Defendant submitted a complaint stating such false facts to the Seoul Northern Police Station located in 406, Gangnam-gu, Seoul, Gangnam-gu, Seoul, and filed a complaint with B.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Statement made by the witness B in the fourth public trial protocol;

1. Statement made by the prosecution with regard to G;

1. A criminal complaint prepared by the defendant;

1. Investigation report (Attachment to the detailed statement, such as the current status of payment of allowances) and the payment status of allowances attached thereto, a detailed statement of payment, and a ledger of payment of allowances

1. Family relation certificate;

1. Application of statutes on a copy of each sales slip, each contract for purchase of each product, and a copy of receipt;

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The scope of punishment recommended according to the sentencing criteria;

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