beta
(영문) 부산지방법원 서부지원 2021.03.19 2020고정732

무고

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 4, 2018, the Defendant borrowed KRW 5 million from the old-si Police Station 188-2, the old-gu, Nowon-gu, 188-2, to B as security and charged the Defendant with the vehicle of Ecoos: “The Defendant Party C, who is the Defendant, can find a difference that he paid the money instead of paying the money.”

“The consent was given.”

However, C was in possession of the Ecuas car with the delegation by B.

A written complaint stating that "The punishment has changed because it was done by offering it as security to E who is a third party, even after receiving a vehicle from D, it does not bring about B, and it was stated to the same effect at the Busan Gangseo-gu International Office of Public Prosecutor's Office's Branch of Gangseo-gu, Busan, 7th July 22, 2020.

However, on August 2018, the Defendant offered the above vehicle to C and the above vehicle to a third party once again and offered money as security, and then stolen the above vehicle to E by misunderstanding it. Accordingly, C borrowed KRW 7 million to E who is a credit service provider and borrowed the above vehicle as security and repaid the borrowed money to D with the money, and there was no fact that the above vehicle was stolen by deceiving the Defendant, or disposed of the above vehicle after it was passed to Defendant.

As a result, the defendant was made without the purpose of having C receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the defendant or C by the prosecution;

1. Each police statement made against the defendant, C, B, E, or A;

1. A complaint;

1. Investigation report ( telephone communications with E in custody of vehicles);

1. Application of each letter of delegation statute

1. Relevant Article 156 of the Criminal Act concerning the facts constituting an offense, Article 156 of the Criminal Act selecting a fine, and the choice of

1. Articles 157, 153, and 55 (1) 6 of the Criminal Act to mitigate confessions;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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