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(영문) 서울남부지방법원 2016.06.21 2015고정1329
무고
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 4, 2015, the Defendant prepared a false complaint against D and E at the Defendant’s office located in Dobong-gu Seoul Metropolitan Government, and received it to the Seoul Southern District Public Prosecutor’s Office on January 7, 2015.

The complaint was the content that "the defendant's novels had forged and shipped all kinds of documents, such as a letter that was not prepared in order to be exempted from the construction cost in the course of investigation into the fraud case No. 2014 type No. 28838 of Seoul Southern District Prosecutor's Office, and to be subject to a disposition without suspicion, and thus punished as a crime of forging a private document and committing an investigation document."

Around January 16, 2015 and February 4, 2015, the Defendant made a statement to supplement the complaint at the Seoul Yeongdeungpo-gu Police Station’s investigation and the Economic Team’s office. From May 11, 2011 to May 22, 2012, the Defendant made a specific statement on the contract document, 4, 3, and 3 receipts, written in the name of the Defendant, from May 11, 201, to May 22, 2012.

However, in fact, D and E did not have forged the above documents, and the above documents were prepared by the defendant by checking, signing, and sealing the contents on his own.

Nevertheless, the Defendant filed a false complaint with the aim of having them receive criminal punishment for the following reasons: (a) the Defendant was unable to conclude the additional construction contract due to the incombustibility with D and E; and (b) the Defendant filed a false complaint with the aim of having them receive criminal punishment.

Summary of Evidence

1. Legal statement of witness E;

1. A protocol concerning the examination of suspects of D;

1. Statement made to A by the police;

1. A complaint;

1. Certificates, receipts, and notes of each contract;

1. Application of Acts and subordinate statutes to the written request for appraisal;

1. Relevant Article 156 of the Criminal Act concerning the facts constituting an offense, Article 156 of the Criminal Act selecting a fine, and the choice of

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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