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(영문) 대전지방법원 2016.01.07 2015고단1420

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 25, 2011, the Defendant entered into a lease contract with the owner of G Child Care Center H, her husband I, and the above child care center on the condition that he/she transferred the ownership of the G Child Care Center in Daejeon-gu, Daejeon-gu, Daejeon-gu after two years (a separate payment for child care center premium of KRW 80 million), 14 square meters out of the above child care center site area at H and I after consultation with H and I. At the time of the above contract, the Defendant was aware that 27 persons were located in the above building among 49 persons authorized to receive childcare for G Child Care Centers, and the remaining 22 persons were authorized to be located in the above J building.

On January 3, 2014, the Defendant received a complaint from the public prosecutor's office of the Daejeon District Public Prosecutor's Office located in Seo-gu, Daejeon District Public Prosecutor's Office to the effect that "I, H, and D conspired with each other on January 25, 201, and that "I may take up 49 infants at G Child Care Center located in Daejeon Jung-gu, Daejeon, the Defendant may take care of 49 infants," and that the Defendant would enter into a sales contract for the land and building located in the Daejeon Central Public Prosecutor's Office, which is located in Seo-gu, Daejeon District Public Prosecutor's Office of Public Prosecutor's Office, and that "I, H, and D acquired 496 million won with the purchase price."

Accordingly, the defendant filed a false complaint with I, H, and D for the purpose of criminal punishment, and filed the complaint with the above I, H, and D.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of a witness I, H and D;

1. A protocol concerning the examination of a suspect against the defendant by the prosecution (including the I and the whole part of the examinations of the defendant);

1. Copy of each police statement made to the defendant or K;

1. A written statement of the defendant ( May 15, 2014);

1. A copy of the complaint (Evidence 2), each land ledger, each general building ledger, copies of the charter contract for child care centers, real estate agreement, the authorization for change of child care centers (the head of the representative facility), the application for counseling in the case of the establishment of child care centers, the application for counseling in the case of the establishment of child care centers, the examination of the witness (Evidence 16, 22, 24, and 25), each written confirmation (Evidence 16, 24, and 25), the construction contract, and the additional construction contract;