무고
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant became aware of B, a construction worker at the mountain conference around July 2019.
When the Defendant did not pay 1.5 million won in the card price without any particular occupation, the Defendant met the above B with a view to borrowing money from B with a apartment and factory owned by him/her on November 30, 2019. < Amended by Presidential Decree No. 24179, Nov. 30, 2019>
The Defendant, along with B, loaned KRW 1 million while drinking with B, demanded several times, but he did not wish to get a coffee, but entered B’s house with B when he wanted to drink a coffee.
At around 20:30 on the same day, the Defendant was off from the house inside the house located in Heungdong-gu C building D, Cheongju-si, Cheongju-si.
Although this was demanded two times by this case, the Defendant refused to make a sexual intercourse with B, and then heard the answer from B, called “influent money”, and then he exceeded all clothes and got sexual intercourse with B.
However, in order to make a false report to not lend KRW 1 million promised by B, and around December 2, 2019, by visiting the F District of the Chungcheongbuk-gu Police Station in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and committing rape by inserting the sex into force by B on November 30, 2019.
Around December 9, 2019, at the office of the Chungcheongnam-gu Police Station H, Chungcheongnam-gu, 15-ro, 236-gil, the police officer in charge, made a statement to the above purport.
However, in fact, the Defendant was not victimized by rape from B, and the Defendant stated that B did not implement the promise to lend KRW 1 million to the Defendant.
Accordingly, the defendant was arrested for the purpose of having B receive criminal punishment.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal testimony of witness B;
1. Some statements of the suspect interrogation protocol against the defendant are made.