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(영문) 인천지방법원 부천지원 2013.03.06 2012고정1983

무고

Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On June 22, 2012, the Defendant prepared a false complaint against B with the aim of having B criminal punishment, at the Busan, U.S. police station located in 2,00 U.S., Seocheon-si, Non-si.

A written complaint was that "The defendant B, on March 5, 201, told the complainant B to lend two copies of the household check to the complainant and later repay it later, and even if he received two copies of the household check from the complainant, he/she did not pay the amount of the check, so he/she would be punished for fraud."

However, on February 201, 201, the Defendant requested a guard to B to check, and the Defendant issued two copies of household checks at par 5,000,000, and on June 9, 2011, around February 23, 2011, and received KRW 3,801,70, and KRW 6,001,30 from C around March 4, 201, and there was no other amount to receive from B.

Nevertheless, on June 22, 2012, the defendant submitted a written complaint to a police officer with no knowledge of the name of the Deputy,00 U.S. Police Station, and made it illegal for B to have the criminal punishment imposed.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. The police statement of the defendant;

1. Legal statement of the witness B;

1. Police and suspect interrogation protocol concerning B;

1. A complaint;

1. A copy of a passbook of post office account in C;

1. Application of Acts and subordinate statutes on account transactions in suspect's name;

1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;