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(영문) 광주지방법원 2013.06.04 2013고정824

무고

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 11, 2012, the Defendant: (a) at the Gwangju Dong Police Station located in Gwangju Dong-dong 20, Gwangju Dong-gu, Gwangju, the Defendant prepared a false complaint stating that “B shall attend the job placement office for the purpose of having B and C receive criminal punishment; (b) from August 31, 2012 to September 30, 2012, at Dda-dong; and (c) from September 31, 2012, B and C received 6,200,000 won of prepaid payment; and (d) at the Gwangju Dong Police Station on the same day, the Defendant presented a false complaint to the police officer that “B should attend the prepaid marriage type from DDa bank to August 31, 2012; and (c) thereafter, the Defendant did not make any contact with the Defendant and made a statement to B and C from the beginning.”

However, the facts are as follows: (a) as the introduction of C in which B engages in the job placement service from around August 30, 2012 to DC, the Defendant: (b) deemed B as “the Defendant did not engage in a funeral service; and (c) did not escape after receiving the prepaid payment in collusion with C in collusion with C without think that B would work from the beginning.

Nevertheless, the Defendant submitted a false complaint and rejected B and C, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect B by the prosecution (including E statements);

1. Each police statement of the defendant and F;

1. Application of the statute on filing of a complaint to the defendant

1. Article 156 of the Criminal Act as to the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

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