무고
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
Although the Defendant purchased agricultural materials equivalent to KRW 5,222,00 from C engaging in wholesale and retail business, the Defendant was unable to pay only KRW 2,000,000 among them, and the remainder of KRW 3,222,00,000 is not paid. The Defendant was able to bring a lawsuit to the Chuncheon District Court for the payment of the remainder from C, and the Defendant was willing to raise C with respect to this.
On December 2, 2010, the defendant prepared a false statement of complaint against C with the aim of having C receive criminal punishment at the office of a certified judicial scrivener located in Gangseo-si, Gangnam-si, and having C receive criminal punishment.
The gist of the accusation is that “The Defendant C, a party to the complaint, sold agricultural materials equivalent to KRW 5,222,00,000, and the remaining amount of KRW 4,222,000, out of which was paid, shall not exceed KRW 1,22,000, but, at the same time, fabricated evidence by means of filing a lawsuit with the court to reimburse KRW 3,222,00,00, and submitting false information in the credit transaction account book to the court.”
However, in fact C did not contain any false statement in the credit transaction account book, and the amount of agricultural materials that the Defendant paid to C is not 4,000,000 won but 2,000,000 won.
Nevertheless, on December 21, 2010, the Defendant submitted the above written complaint to the public service center of the police station in order to dismiss C.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of C and E;
1. Application of Acts and subordinate statutes to one copy of credit transaction account book, one copy of goods-price lawsuit, and each investigation report (in cases of a complaint filed by a suspect against the complainant, attached documents, such as transfer of the case, civil judgment, etc., attached documents of civil judgment and civil judgment attached thereto);
1. Article 156 of the Criminal Act applicable to the crimes;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Article 186 (1) of the Criminal Procedure Act;