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(영문) 서울남부지방법원 2015.06.24 2014고단4588

무고

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 7, 2014, the defendant prepared a written complaint against E and F from the chief prosecutor of the Seoul Southern District Prosecutors' Office with the aim of having E and F criminal punishment at a certified judicial scrivener office located in Yangcheon-gu Seoul Metropolitan Government D.

The accusation note provides that “E and F interfered with the business by removing the present state of hotel G reservation from January 1, 2014 to April 30, 2014, while serving as an employee of hotel G operated by the complainant, E has transferred KRW 386,220,000 to the bank account in the name of E from October 2013 to October 1, 201, and F had no record of deletion of the present state of the hotel G reservation from January 1, 2014 to April 30, 2014, E had all accommodation payments to the Defendant, and F had no record of deletion of the present state of computer reservation.”

Nevertheless, around May 8, 2014, the defendant submitted the above written complaint to the officials in charge who are not able to know their names at the Seoul Southern District Public Prosecutor's Office's Office in Yangcheon-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of each police suspect with respect to E or F;

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

1. Article 156 of the Criminal Act as to the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Six months to two years from the date of imprisonment with prison labor on the sentencing guidelines;

2. The nature of the instant crime committed by the Defendant, who had been dissatisfied with the determination of sentence due to wage issues, etc., but filed a false complaint with his employees, is not somewhat weak.

However, with regard to the contents of a partial complaint, there are some circumstances that could have been doubtful from the standpoint of the defendant at the time.