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(영문) 부산지방법원 2014.09.24 2014고정3478

무고

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On December 5, 2013, the defendant prepared a false complaint with respect to B at the Busan Coastal Police Station civil petition office located in the Seosan-dong, Busan.

The statement of the complaint was that "The defendant B made a false statement that he will take the scrap metal construction and received 10 million won as a down payment, and then he was additionally issued 7 million won through two times thereafter."

However, the defendant did not pay B the down payment of KRW 10 million as the borrowed money, and there was no fact that there was no additional delivery of KRW 7 million thereafter.

Nevertheless, on the same day, the defendant submitted the above complaint to the police officer who is unable to know the name of the public service center of the Busan Urban Police Station on the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol prepared by the prosecution concerning B;

1. A written complaint, a receipt without passbook, and a written application;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;

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

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