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(영문) 서울북부지방법원 2018.10.12 2017고단4949
무고
Text

The defendant shall disclose the summary of the judgment of innocence against the defendant.

Reasons

1. On April 30, 2015, the Defendant entered into a contract with B on the following matters: (a) around April 30, 2015, including a special agreement to sell real estate owned by the Defendant, such as Dongdaemun-gu Seoul Dongdaemun-gu C, to the effect that the purchaser cooperates in changing the purchaser depending on the purchaser’s circumstances (the first contract). In this case, the Defendant

In light of the loan interest rate, the Defendant agreed to change the buyer from B to E on May 2015, and D, from the time of the preparation of the first contract, affixed the seal of the Defendant, which was approved in advance by the Defendant, and prepared an additional transaction contract between the Defendant and E (the second contract). However, the Defendant was thought that D prepared a transaction contract with the contents unfavorable to the Defendant, and the sale of real estate was subject to the objection from them, and the brokerage fee was not paid.

On June 30, 2017, the Defendant forged the contract under the name of the Defendant (A) at the Dongdaemun-gu Police Station in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul.

“A complaint was submitted to the effect that “” was investigated by the investigation department of the police station on the same day, and there is no fact that “E was not prepared for a sales contract with the purchaser, and there is no fact that it was delegated to D.

D has forged the second contract.

“In doing so, I stated to the effect that criminal punishment is intended.”

However, the defendant agreed to change the buyer in the name of D, and when preparing a new contract, the defendant allowed D to use the seal of the defendant.

Accordingly, the defendant had D without the purpose of having D receive criminal punishment.

2. The crime of false accusation is established when another person reports false facts to a public office or a public official for the purpose of having a criminal or disciplinary punishment imposed upon him. Here, the reported false facts are objective facts.

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