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(영문) 의정부지방법원 2015.11.20 2015고단3047

무고

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 11, 2014, the Defendant drafted a false complaint against B from the PC bank located in Namyang-si, Namyang-si.

On February 29, 2008, the complainant B, who was the defendant, provided that he would repay all of the face-to-face business with a loan of KRW 100 million to the parents of the complainant C as collateral, and the defendant did not repay that loan. The defendant, around November 12, 2008, provided that he would immediately repay the deposit when he was reduced to the detention house, but he did not repay that loan, but he would be punished for fraud." In fact, the defendant offered that he would first offer funds to B in order to assist the re-payment of B at the time between B and B at the time. Under mutual agreement, he would use 50 million won out of the loan as stock investment, and the defendant would first lend the deposit without the request of B and would have agreed to repay that he would at any time.

Nevertheless, on May 12, 2014, the defendant submitted the above complaint to the police officer who is unable to know his name at the Namyang Police Station located in 532, Namyang-si, Namyang-si.

Accordingly, the defendant was arrested for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning B;

1. Each prosecutor's statement against the defendant;

1. Protocol of examination of the witness and recording paper;

1. Application of the Acts and subordinate statutes on a copy of passbook and table of request for transaction;

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be legally mitigated;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [the scope of recommending punishment] type 1 (general in general) (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) (Article 62(1)) (Article 1 of the Act on the Suspension of Execution), self-denunciation and confession (Article 1-1 of the Act on the Suspension of Execution), four months of imprisonment with prison labor, and