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(영문) 서울북부지방법원 2012.12.12 2012고단2263

무고

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

From around 1985, the Defendant is currently operating a high-art shop in Jongno-gu Seoul Metropolitan Government as a person operating a high-art shop.

Defendant’s end on May 2012 or

6. On July 10, 201, the first police officer in Seocho-gu, Seoul, requested G to commission H with respect to the Defendant’s ownership, and that G did not purchase H from the Defendant. However, for the purpose of having the Defendant criminal punishment, G to the effect that “G, the Defendant’s wife, was a person operating the Defendant’s curios Prize, Dongdaemun-gu, Seoul, with the aim of having the Defendant receive criminal punishment, the Defendant filed a complaint with G to the effect that “G, the Defendant’s wife, was a person operating the Defendant’s curios Prize, which is located in Dongdaemun-gu Seoul, did not have the intent or ability to pay the price even if purchasing high art works from the complainant. However, around July 10, 201, the Defendant filed a complaint to the effect that “The Defendant would sell high art H at KRW 120,000,000,000,0000,000,0000,000,000,000,000,00 won,0).”

Summary of Evidence

1. Legal statement of witness G;

1. A complaint;

1. A protocol of suspect examination of G police officers;

1. Application of the police statement law to the defendant

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;

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

1. The report of false facts in the crime of false accusation on the ground of Article 334(1) of the Criminal Procedure Act refers to a conclusive or dolusent recognition and report that the reported fact goes against the objective facts. Thus, even if part of the reported fact contains false facts, such false part is a crime.