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(영문) 부산지방법원 2020.01.08 2019고단1199

무고등

Text

A defendant shall be punished by imprisonment for not more than ten 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

[2] The Defendant: (a) from October 2008 to June 2013, 2013, the Defendant: (b) paid KRW 30,000 to Busan Geum-gu B apartment (hereinafter “instant apartment”); (c) from August 13, 2014 to August 12, 2014, the Defendant was accused of the charge of embezzlement, etc. at the time of serving as the president of the instant apartment; and (d) on August 12, 2016, the Defendant thought that D and C were accused of the Defendant’s complaint; and (c) on August 30, 2016, the Defendant did not have a good relationship with C, such as assaulting C, etc.; (d) on the other hand, from April 1, 2016 to April 25, 2016, the instant apartment management office arbitrarily paid KRW 30,000,000,000 to 1,70,000,000,000.

‘A’ submitted a petition of its content.

However, in fact, D and C did not have embezzled the construction cost of KRW 6 million in the manner of paying the construction cost in installments to E after the resolution of the council of occupants' representatives was passed by the public tender, and the defendant was well aware of the fact.

Accordingly, the defendant reported false facts to the public officials for the purpose of having D and C receive criminal punishment.

[2019 Highest 1780] The defendant and the victim D are those who served as the chairman of the council of occupants' representatives of the apartment of this case, and those who reside in the same apartment and have become aware of each other.

The defendant on October 2017.