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(영문) 의정부지방법원 고양지원 2016.05.26 2015고단2915

무고

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On July 8, 2013, the Defendant drafted a written complaint on D using a computer at the Defendant’s home located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Seoul.

On June 29, 201, the gist of the accusation was that “The Defendant Nonparty borrowed money from the Human Resources Office for the Management of the Defendant (hereinafter “Defendant”) to the Complainant with the intention to pay for only three months and to repay it to the complainant, but this was the following day, which was obtained by deceiving money without the intention or ability to pay it, and thus, the Defendant Nonparty was punished for a change.”

However, the defendant did not lend money to D, but lent KRW 44 million to E through D.

Nevertheless, on July 13, 2015, the defendant submitted a written complaint to the public service offices of the Seongbuk branch office of the Suwon District Public Prosecutor's Office to the public service offices of the Sungnam District Public Prosecutor's Office, and made a supplementary statement at the 3 team office of the economy of the Seongbuk Police Station of the Sungnam District Public Prosecutor's Office on July 21, 201, and transferred KRW 44 million by lending money to D on June 29, 201.

At the time of lending money, E did not have this entry, and it does not know whether E took the above money.

“Statement to the effect that “,” was stated to the effect that: (a) the fact was directly offered security to E; (b) received a loan certificate from E on the following day; and (c) sent KRW 40 million to E through D.

In this respect, the defendant made D's accusation for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. Application of the provisions of each of the Acts and subordinate statutes to the complaint filing, each written judgment, loan certificate and letter;

1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the crime. Article 156 (Selection of Penalty Penalty)

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

1. A fine of one million won to be suspended, and one hundred thousand won per day to be detained in a workhouse;

1. Sentencing under Article 59(1) of the Criminal Act

1. The scope of punishment by law: Fine not exceeding 15 million won;

2. Whether the sentencing criteria are applied: It is a small case and a suspended sentence of a fine.

3. Determination of sentence;