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(영문) 부산지방법원 2015.09.07 2015고정2680

무고

Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Although the Defendant did not lend KRW 3 million to B, the Defendant prepared a written complaint stating that “B borrowed KRW 3 million from the Defendant for the purpose of investing, but the principal and interest have not been repaid for the lapse of one-year repayment period,” and submitted the above written complaint to the public prosecutor’s office of the Busan District Public Prosecutor’s Office located in the Dong-gu, Busan District Public Prosecutor’s Office around February 16, 2015.

Accordingly, the Defendant reported false facts to B for the purpose of having the criminal punishment imposed upon B.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;

1. Articles 157, 153, and 55 (1) 6 (Confession) of the Criminal Act, which are statutory mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;