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(영문) 수원지방법원 2018.08.21 2017고단8482

무고

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【The Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court on November 15, 2013, and filed a request for review during the execution of the sentence, and completed the execution of the sentence in the Gwangju District Court on April 16, 2015, sentenced to imprisonment with prison labor for habitual larceny for ten months at the same court on April 16, 2015.

(1) On July 11, 2017, the Defendant prepared a false statement of complaint stating that “Around December 2016, 2016, the Defendant was unable to receive the 45 book of “Sado special lecture” that the Defendant himself/herself applied for purchase from his/her own custody, even though he/she was unable to receive the book of “Sado special lecture” in the number of B detention houses around December 201, 2016, and thus, the Defendant conspired with the head of the Gu, the head of the general affairs division, and the person responsible for the purchase of books and embezzleds the money of his/her own custody and embezzled the money of his/her own custody,” and submitted it by mail to the public service center of the Eup/Myeon branch office of the former local public service office of

However, in fact, the Defendant received from correctional officers C the book of the above “Saman special lecture” as the Defendant applied for purchase from the Defendant, and lawfully received the book, and there was no fact that there was collusion between B of the old book collection, the chief of the general affairs division, the person in charge of purchasing books, etc., and

As a result, the Defendant reported false facts to the Public Prosecutor's Office with the aim of having F be subject to criminal punishment by the Director of the General Affairs Division of the B detention House E, and the person in charge of purchasing B detention house book.

Summary of Evidence

1. Each legal statement of witness C, F and G;

1. Each police statement made to A or H;

1. Complaint;

1. Sending the ledger of personal books of prisoners, the ledger of personal books of prisoners, and the ledger of personal books of prisoners (H);

1. Books of management of the amount of provisional holding, ledgers of the amount of provisional holding, applications for use of the amount of provisional holding and issuance;

1. A place on which a correctional officer works;

1. Previous convictions: Application of Acts and subordinate statutes, such as a result of inquiry about criminal history, report on investigation (report on confirmation of repeated crime who is the complainant), and text of judgment;

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

1.Article 40 of the Criminal Code of Trade and Trade.