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(영문) 부산지방법원 2014.11.05 2013고단9502

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in the instant case, not guilty

Reasons

Punishment of the crime

around February 24, 2014, the Defendant prepared a false complaint against C in Busan Gangseo-gu Busan, Busan, on February 24, 2014.

On May 23, 2013, the criminal defendant C released a vehicle under the name of the complainant without the consent of the complainant and sold the vehicle through the vehicle trading business entity. The defendant made a statement that he/she would purchase the vehicle to C and carried out the sale and loan of the vehicle by several times in the currency with C, and received 33 million won as the purchase price of the vehicle from the Hyundai Capital Capital Co., Ltd. (hereinafter referred to as the "Mo Capital Capital") in the form of the purchase price of the vehicle. Even if he/she received a loan from the Hyundai Capital Capital, he/she was prosecuted on December 27, 2013 on the charge that he/she acquired the loan without the intention or ability to repay the loan, and was currently pending trial.

Nevertheless, according to the records on February 28, 2014, the defendant prepared a false complaint in the above Busan Prison, sent it by mail to the public prosecutor's office of the Busan District public prosecutor's office located in the 15th court of the Busan District public prosecutor's office and sent it to the Busan District public prosecutor's office on February 28, 2014, it can be recognized that the complaint was received by the public prosecutor's office of Busan public prosecutor's office on February 28, 2014. Thus, the defendant's complaint received the complaint

Therefore, on December 12, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on December 12, 2013, and the said judgment became final and conclusive on February 27, 2014, but the crime of false accusation in this case does not constitute the final and conclusive crime and the latter concurrent crime under the latter part of

It was received.

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

Summary of Evidence

"2014 Highest 4385"

1. The legal statement of the witness C (the 9th court date);

1. The prosecutor's statement of the defendant;

1. Protocols of examination of witnesses;

1. A complaint;