beta
(영문) 울산지방법원 2014.07.24 2014고정656

무고

Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On December 21, 2007, the Defendant borrowed KRW 11 million from C, but did not pay the principal and interest until November 30, 201, which was due date, and did not pay the principal and interest, and did not request C to pay the principal and interest, thereby having received payment demand from C. In response to false facts.

On April 25, 2013, the Defendant: (a) prepared a complaint stating that “C shall take care of the Defendant’s father E from dementia around September 7, 201 at the office of the Defendant’s head of the Dong-gu Busan Metropolitan City (D apartment store 128); and (b) “C shall take care of the Defendant’s father E from the Busan Metropolitan Government Bank (U.S. 1599-23, Ulsan Metropolitan City Bank) and shall withdraw one million won from the Daegu Metropolitan Government Bank’s account under the name of E and obtain it by fraud; and (c) submitted the above complaint to the public prosecutor’s office of the public prosecutor’s office of Ulsan Metropolitan City (U.S.) around April 25, 2013.

However, on September 6, 2013, upon receiving a demand from C to repay borrowed money from C, the Defendant: (a) stated that “Aber has one million won in the passbook; (b) the father is gathered from the bank, and (c) one million won is found in the city bank; and (d) around September 7, 2013, C was the Ulsan branch of the Daegu Bank located in Ulsan-dong, Ulsan-gu, Busan-do along with E, Ulsan-do; and (b) the Defendant released one million won in the account by inserting the bank’s secret number by telephone to the employees of the bank and withdrawing it.

Accordingly, the defendant filed a false complaint for the purpose of receiving criminal punishment C and filed a false complaint.

Summary of Evidence

1. C’s legal statement;

1. A complaint;

1. Application of Acts and subordinate statutes on copies of bankbooks;

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning the crime;

1. Articles 70 (1) 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;