무고
A defendant shall be punished by a fine of 500,000 won.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
On August 16, 2012, the Defendant prepared a false complaint with respect to C, etc. using a computer for the purpose of having C, etc. receive criminal punishment, from the PC room where it is impossible to know the trade name in Bupyeong-gu, Incheon, and submitted it to the public service center of the Incheon District Public Prosecutor's Office located in 278-1, Nam-gu, Incheon, Nam-gu, 278-1, and made a false statement as the complainant at the Incheon Busan Central Police Station located in 441-1, Bupyeong-gu, Incheon, Seosan-dong, 28th of the same month.
In the process of transferring “E” No. 103, the complaint and the above statement were the following purport: “In the process of acquiring the above loan from Defendant C and D, it was confirmed that the acquisition of the ownership transfer registration was completed, making it possible to gain a profit by acquiring the loan without informing the tenants of the fact that there is KRW 100 million of the deposit for lease. It was later confirmed that C et al. acquired the property benefit equivalent to the deposit for lease, and thus punished for fraud.”
However, in fact, the Defendant agreed with C to accept KRW 100 million of the deposit for lease, which was in loan 103, while obtaining the registration of ownership transfer from C with the above loan 103.
Accordingly, the defendant raised C and D without any criminal punishment for C and D.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding C;
1. Application of the Acts and subordinate statutes to the complaint;
1. Article 156 of the Criminal Act applicable to the crimes;
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;
1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.