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(영문) 광주지방법원 2019.06.26 2019고정318

무고

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On April 18, 2019, the Defendant was sentenced to eight months of imprisonment with prison labor for special larceny, etc. at the Gwangju District Court, and the judgment became final and conclusive on April 26, 2019.

On September 1, 2018, the Defendant filed a complaint with the competent police station with the aim of having C, who did not resolve the problem of charges, to have C receive criminal punishment, with the aim of having C receive criminal punishment, with the aim of having C receive criminal punishment, by opening a Handphone in the name of the Defendant and selling the Handphone in the name of the Defendant.

The contents of the complaint are as follows: “C, at the D mobile phone store located in the Jeju Innovation City on March 12, 2018, opened a mobile phone number under the name of the defendant without the consent of the defendant, and forged a private document under the name of the defendant by signing in the subscription contract in the name of the defendant, and thus punished.” The above fact was that the defendant allowed C to open a mobile phone under the name of the defendant.

On September 7, 2018, the Defendant filed a complaint with the State Police Station on September 7, 2018 with the aforementioned false contents, and then filed a written statement on September 19, 2018, thereby making C free of charge.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect C by the prosecution;

1. Statement of the police statement to the defendant;

1. A complaint;

1. Two copies of a record;

1. Previous convictions in judgment: Confirmation of investigation (the confirmation, etc. of the case by defendant), court rulings (2019No68), court rulings (2018 Highest 2018 Highest 2432), application of Acts and subordinate statutes of the consolidated case inquiry;

1. Relevant Articles of the Criminal Act concerning the crime. Article 156 (Selection of Punishment of Fines)

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act does not have any record of criminal punishment for the same crime, and the investigative agency shall commit the instant crime.