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(영문) 대전지방법원 2016.04.15 2015고단4247

무고

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 29, 2015, the Defendant submitted a complaint stating that “Around January 26, 2014, 2014, from Cheongju-si, Cheongju-si, Cheongju-si, Da to pay 15 million won, and then transferred 2 million won to Y account in the name of E on the day he/she lends Cheongju-si, Cheongju-si, Cheongju-si, Cheongju-si, Da to pay 15 million won, and then transferred 13 million won to G account in the name of E. However, the Defendant borrowed 15 million won.” The Defendant submitted a complaint stating that “A punishment for E is not repaid,” and the Defendant stated the fact of damage to H, the police official in charge of the said police station, to the same purport.

However, the facts are that the Defendant had a mind that he would gain profits by gambling, and I am gambling in the gambling place in the Cheongju-si, with I and E on January 26, 2014, and I am gambling. The Defendant ambling capital, E and J introduced I to the gambling place, shared I am to manage I in the gambling place, and let I do gambling at the gambling place, but I ambling, because I short of I ambling capital at the gambling place, and the Defendant lent 2 million won in cash to I ambling capital, and after the gambling is completed, the Defendant transferred 2 million won in cash to the F account in the name of the wife of E, and the transfer of 13 million won in cash to the above gambling person on January 26, 2014, and therefore, the transfer was made to G on the same day as E ambling on the same day.

The defendant did not borrow 15 million won from the defendant.

Accordingly, the defendant filed a false complaint with D for the purpose of having D punished criminal punishment, and made a false accusation against E.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

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

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 157 and 153 of the Criminal Act to be mitigated by law;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended sentences] Class 1 (general dismissal) (one month to one year) of the mitigated area (a person with special mitigation [the decision of sentence].