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(영문) 청주지방법원 2016.01.08 2015고단1485

무고

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

around March 2015, the Defendant carried out a project with D at the house of the Defendant Branch in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul.

E Co., Ltd. entered a false complaint on D(F) using a computer for the purpose of having D carry out criminal punishment against him/her and having D with respect to his/her withdrawal from the company.

A written complaint states that "A around July 2013, 200 shares 2,500 shares of E Co., Ltd. owned by the Defendant were transferred to G and embezzled without consultation with the Defendant, and thus punished." The facts were that D accepted the transfer of the shares to D at that time, so D did not have embezzled the shares.

Nevertheless, on April 2, 2015, the Defendant submitted the above written complaint to the employee in charge of receipt at the Cheongju District Public Prosecutor's Office, which is located in 51, Seo-gu, Seo-gu, Seog-gu, Seog-gu, Seo-gu, Cheong-gu, 70-ro 70.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of D by the prosecution (including the part concerning the statement of the defendant);

1. Standard declaration of taxation on securities transaction tax (Evidence No. 7), “detailed statement of transfer of stock certificates or equity shares (Evidence List No. 8),” and “Summary Order of Cheongju District Court”

1. Recording records;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Statutory mitigation (Confession) Articles 157, 153, and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. The sentencing sentencing according to the sentencing guidelines recommended by the Sentencing Committee is not more than one year (the first-class sentencing sentencing guideline for high-ranking crimes) since the accused has led to the confession of the crime.

The defendant filed a lawsuit against E, such as the return of business shares, and filed a petition for mediation after the mediation is completed, and the defendant denies the criminal intent for a long time during the investigation process.