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(영문) 청주지방법원 제천지원 2018.04.12 2017고정132

무고

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On July 6, 2017, the Defendant submitted a complaint to the effect that “A around 27, 2011 requires the purchase of agricultural machinery,” and “A seal impression certificate of the Defendant may also change with the head of the office and the seal impression certificate” at the Jeju Police Station located in the 27th National Police Station around 2017, stating that “A shall be punished as a crime of forging and the investigation of documents,” and that “C shall be punished as a crime of forging and the investigation of documents, and a statement to the effect that “A shall be investigated as a criminal complaint by the investigation police station and the E Team office around August 3, 2017,” and “C shall have registered the complainant as the representative director and sent the list of shareholders, etc. as if the Defendant purchased the company’s shares.”

However, on August 201, the defendant accepted the request from C to the effect that he will become the representative director of D in the form of a company, and accepted the preparation of documents necessary for the incorporation of the company in the name of the defendant, such as the shareholder list and the copy of the general meeting.

Accordingly, the defendant reported false facts to C for the purpose of having the criminal punishment imposed upon C, and made C a false accusation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning interrogation of suspect C by the prosecution;

1. Statement made by the police against the defendant;

1. A criminal investigation report (Attachment of the details of command and documents);

1. Application of the Acts and subordinate statutes to the complaint;

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. Articles 157, 153, and 55 (1) 6 of the Criminal Act to be mitigated by law;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows, and the age, occupation, sex, family relationship of the defendant.