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(영문) 대구지방법원 의성지원 2017.08.10 2017고정41

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

The Defendant is a person who operated the static point in the name of “D” in the vicinity of Gyeongbuk-gun C, and E was a customer of the above static point, and F (G before the opening of the name: G) is a registered owner of the above static point.

On January 15, 2016, the Defendant is a false obligation in the civil petition office of the permanent police station located in the path 82 as permanent permanent residence of January 15, 2016. “The obligation of F with respect to E, F and F around August 11, 2009 is terminated, and the Defendant re-established and issued a loan certificate of KRW 7 million to E, and it did not borrow KRW 7 million separately from E.

Nevertheless, E has prepared and submitted a written complaint to the effect that it would be punished because E applied for a payment order.

However, in fact, the defendant used most of the F's existing 15 million won, and caused F to repay 6.6 million won to E, and failed to repay the remainder. In addition, the defendant borrowed 7 million won from E on October 10, 2007, including KRW 4 million on October 10, 2007 and KRW 3 million on early December 2007, and completed the above loan certificate to E.

In this respect, the defendant made a false accusation against E for the purpose of having the criminal punishment imposed.

Summary of Evidence

1. Legal statement of witness E;

1. A detailed statement of account transactions attached to an investigation report (the attachment of the details repaid by the principal to G and the additional submission of the details of account transactions with a suspect);

1. Application of Acts and subordinate statutes to a complaint (E Preparation) and a complaint attached thereto, cash custody certificate, judgment document, loan certificate, written decision of payment order, written decision of payment order, and application for payment order;

1. Article 156 of the Criminal Act applicable to the crime and Article 156 of the Selection of Punishment Act;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The assertion and judgment of the defendant and his defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act concerning the costs of lawsuit

1. The alleged defendant's 7 million won loan certificate prepared to E (hereinafter "the instant.