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(영문) 부산지방법원서부지원 2020.12.11 2020고단1813

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 becomes final and conclusive.

Reasons

Punishment of the crime

On September 16, 2019, the Defendant submitted a complaint to the Busan High Police Station located in Busan High-ro, Busan High-ro, Busan High-ro, 111, 6, to the effect that “C is a representative director by forging a certificate of deposit balance on the accounts in the name of the post office without consent from November 2017, and by signing a contract with DBB and TV rental contract.” On November 18, 2019, the Defendant submitted a complaint to the Busan High Police Station located in the Busan High-ro, Busan High-ro, Busan High-ro, 264 as the superintendent of the Busan High-ro, Busan High-ro, and submitted a complaint to the effect that “C was punished by stealing due to misappropriation’s illegal use of the name within the name of the school superintendent of the Busan High-ro, Busan High-ro, 2018.”

However, on November 2017, the Defendant asked B to arrange and arrange a loan to purchase used cars through the Internet FF car page, and thereafter hear the explanation that “it may make a loan by means of selling it to a third party after leaving the air time, etc.” from the Defendant’s name, the Defendant agreed to enter into the said rental contract in the name of the Defendant, and there was no fact that B entered into a rental contract by stealing by stealing the name of the Defendant.

Accordingly, the defendant was arrested for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Protocol of prosecutorial statement B concerning the defendant's legal statement;

1. Application of Acts and subordinate statutes to a petition or accusation;

1. Relevant Article 156 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes under Articles 156, 153, and 55 (1) 3 (i.e., confession) of the Criminal Act;

1. Article 62 (1) of the Criminal Act (it shall consider favorable circumstances among the reasons for sentencing below);

1. The fact that the proper exercise of national judicial power is hindered due to the criminal act in the judgment of the defendant's reasons for sentencing under Article 62-2 of the Social Service Order Act, and the waste of criminal justice function occurs, and the defendant is the person