(영문) 창원지방법원 진주지원 2013.12.17 2013고단1045

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(영문) 창원지방법원 진주지원 2013.12.17 2013고단1045

무고

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

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

Reasons

Punishment of the crime

On December 2, 2012, the Defendant drafted a written complaint against E with the aim of having E criminal punishment in the residence of the accused in Jinju-si D.

A written complaint filed a lawsuit to cancel the registration of the establishment of chonsegwon with the content that “E shall cancel the registration of the establishment of chonsegwon in the name of the complainant for the purpose of securing the amount of KRW 20 million borrowed from the complainants.” However, on November 26, 2012, E loaned the amount of KRW 30 million to E, while the complainant borrowed KRW 30 million to E for the purpose of securing the said G building, the complainant did not lend KRW 30 million to E for the purpose of securing the above G building. Therefore, the complainant filed a lawsuit to cancel the registration of the establishment of chonsegwon in the name of H. In this regard, the complainant filed a lawsuit to cancel the registration of the establishment of chonsegwon with the content that “It is punishable because he/she has attempted to commit fraud by raising an objection through reply, etc.”

However, on November 8, 2012, the Defendant loaned KRW 30 million to E at the International Certified Judicial Scriveners Office on November 8, 2012, and entered into a contract for establishing chonsegwon in the name of H with respect to the said G building 302 for the purpose of collateral. The same month is the same.

9. There was a fact that the registration of chonsegwon was made.

Nevertheless, on December 5, 2012, the defendant submitted the above written complaint to the public service center of the Jinju Police Station for the purpose of having E subject to criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness E, J and K;

1. Partial statement of the witness H in the court;

1. Examination protocol of suspect E by the prosecution;

1. The prosecutor's statement to K;

1. Each police suspect interrogation protocol regarding E;

1. The police statement of the defendant;

1. Complaint;

1. Application of the Acts and subordinate statutes to establish chonsegwon;

1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be legally mitigated;