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(영문) 부산지방법원 2014.11.13 2014고단5359

무고

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Around October 2009, the Defendant entered into a sales contract with C, which covers the purchase price of KRW 72 million with D buses owned by the Defendant, but the Defendant did not transfer the above buses to C, and C filed a complaint against the Defendant in fraud with the Busan District Prosecutors' Office around July 2013.

Accordingly, on December 27, 2013, the Defendant submitted a false complaint to C at the public service center of the thought-gu Busan High Police Station, and on January 6, 2014, written the same statement at the investigation station and the office of the above thought-gu Police Station.

The contents of the complaint and statement statement are transferred to 72 million won a D bus owned by the complainant on October 1, 2009 by the defendant C.

‘The certificate of transfer under the name of the complainant was forged and submitted to the Busan District Prosecutors' Office.

‘The purpose is to say’.

However, the above transfer certificate was directly prepared by the defendant, and C did not submit a forged or forged transfer certificate.

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Police suspect interrogation protocol regarding C;

1. The prosecutor's office and the police's statement;

1. A complaint;

1. Original and copy of a certificate of transfer;

1. A copy of each complaint, notification of results, and agreement;

1. Application of Acts and subordinate statutes to investigation reports (including attachment, etc. of a copy of records of fraudulent complaint cases);

1. Article 156 of the Criminal Act applicable to the crimes;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to mitigate confessions;

1. Article 62 (1) of the Criminal Act on the fourth trial of the instant case ( comprehensively taking into account all the circumstances, including the confession of the instant crime on the date of the instant fourth trial, and the fact that there was no record of punishment heavier than imprisonment with prison labor);

1. It shall be so decided as per Disposition for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;