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(영문) 부산지방법원 2014.01.06 2013고정5318

무고

Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 11, 2013, the Defendant was sentenced to the violation of the Act on the Control of Narcotics, etc. and imprisonment with prison labor for one year and ten months for fraud in Busan District Court on July 11, 2013, and the above judgment was finalized on July 19

On January 31, 2013, the Defendant was indicted on the charge that “the Defendant obtained a vehicle installment loan from Hyundai Capital Co., Ltd. with no intention or ability to repay the loan, and obtained a loan amounting to KRW 1,782,00,00 from Hyundai Capital Co., Ltd.” (hereinafter “Defendant”) around Busan District Prosecutors’ Office 2012-type 85649 around January 31, 2013, the Defendant was able to file a false complaint against B and C with the Defendant at the time of criminal punishment and loan obligations.

On February 21, 2013, the Defendant: (a) at the Busan detention center located in the State of Busan, Seo-gu, Busan; (b) on March 21, 2011, a letter of complaint stating that “B and C, the Defendant, who is the Defendant, would get a loan to the complainant (defendant) and borrowed his seal and seal; (c) purchased a mixed used vehicle with a loan from Hyundai Capital in the name of the complainant, without knowledge of the complainant; and (d) sold it, and then acquired a used vehicle with a loan from Hyundai Capital in the name of the complainant, and then submitted it to the Busan District Prosecutors’ Office by mail.”

However, in fact, the defendant did not lend his seal imprint and seal imprint to the defendant, and the above used cars were directly purchased in lieu of paying the debt to the defendant C and transferred to the defendant C to the other.

After all, the defendant sentenced B and C for the purpose of having the criminal punishment imposed.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Each police suspect interrogation protocol concerning B and C;

1. Statement made to D by the police;

1. Complaints of the accused and the police statement of the accused;

1. Criminal records, results of case search, application of a copy of judgment, and statutes;

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;

1. Legal mitigation is stipulated in Article 157 of the Criminal Act;