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(영문) 광주지방법원 2016.11.16 2015고단4763

무고

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 24, 2015, the Defendant was sentenced to a suspended sentence of two years for a violation of the Attorney-at-Law Act at the Gwangju District Court on September 24, 2015, and the said judgment became final and conclusive on August 26, 2016.

On October 2015, the Defendant filed a complaint against himself/herself on April 16, 2014, stating that “A, who is the Defendant, submitted a written complaint against himself/herself to the effect that “A, without being qualified as an attorney, has dealt with legal affairs, such as legal consultation and preparation of legal documents concerning the case, etc., in which he/she received KRW 2,200,000,000, and has been punished,” and that on July 23, 2015, the Defendant made a false statement in a trial on the case of violation of the Attorney-at-Law Act by the above complaint

However, on July 19, 2012, the Defendant: (a) received KRW 500,000 won on the same day from C; (b) KRW 1.5 million on the same day; (c) KRW 1.5 million on the 20th day of the same month from C; and (d) received KRW 700,000,000 from C for filing an objection against the payment order on June 2013; and (c) received KRW 500,000 from C around that time, and KRW 20,000,000 from December 2013, 200. Therefore, the Defendant did not make a false testimony in a complaint and trial.

Nevertheless, on October 2, 2015, the Defendant submitted a written complaint to a civil-petition official of the Gwangju District Public Prosecutor's Office, whose name is not known, at the public-petition office of the Gwangju District Public Prosecutor's Office located in the 7-12 Gwangju Dong-gu, Gwangju, and submitted the written complaint to the public-petition official of the public-petition office of the Gwangju Northern Police Station, whose name is not known at the public-petition office of the public-petition office of the Gwangju North Korean Police Station,

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

Summary of Evidence

1. The defendant's partial statement in court C and D's each legal statement;

1. A copy of each protocol of interrogation of the accused by the prosecution (including the part recorded in C)

1. Each police officer against the defendant.

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