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(영문) 창원지방법원 통영지원 2015.01.29 2014고단1011

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 6, 2014, the Defendant prepared a written application to the effect that “D has not deposited in the village with KRW 200 million from G, a project executor, in relation to the approval of the E Logistics Complex (F) and applied for punishment because it was divided into a transfer hall, development committee member, and several hearing and juvenile,” using the PC, and submitted it to the public service office of the branch office of the Changwon District Public Prosecutor’s Office by mail on August 6, 2014, and made a supplementary statement to the effect that “D has been investigated at the investigation office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch public prosecutor’s office and the office on August 28, 2014,” and made a supplementary statement to the same effect as the above written application.

However, there is no fact that D received KRW 200 million from G, and the Defendant was frelated persons such as the above D, G related persons, etc., without confirming the existence of the above facts, and attempted to disproving them.

Accordingly, the defendant brought D's complaint to the public service center of the original district public prosecutor's office by submitting a written application to the public service center for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each police statement against the defendant, H, I, and J;

1. Public announcement of investigation reports (attached to the business approval of the E logistics complex plan), approval of the E logistics complex plan and topographic drawings;

1. Application of the relevant Acts and subordinate statutes to each of the applications, lakes and marshes, postal bags, and recommendations;

1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] Article 62(1) of the Criminal Act: (a) No person who does not have a basic area (6-2 years to 2 years) [decision of sentence] / [decision of sentence] that the accused received KRW 200 million without undergoing any specific confirmation procedure; (b) there is no false fact that the accused received KRW 200 million; and (c) the accused still denies the fact of crime; and (d) the fact that the accused still still maintains the intention that the accused

On the other hand, the defendant.