beta
(영문) 부산지방법원 2014.11.17 2014고단5626

무고

Text

A defendant shall be punished by imprisonment for six months.

except that 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

On February 4, 2014, the defendant prepared a false complaint with respect to C at the public service center of the Busan Urban Planning Station located in the Busan Urban Planning Center.

A written complaint states that "A person who is the defendant's complaint made a loan to the defendant C with a fixed date and did not lend money, and tried to receive 30 million won deposit from the principal owner of the set-off house of the complainant." He/she was present at the police station and received an investigation into the facts of the complaint, and "A person who is the defendant's complaint has already been fully paid 30 million won or more and additionally lent 30 million won or more to the principal owner of the set-off house, and obtained a fixed date in the set-off contract, and prepared documents such as the credit transfer contract, etc., and if the defendant did not lend additional money, he/she was punished for 30 million won or more from the principal owner of the set-off deposit by using the documents such as the above lease contract, etc."

However, in fact, the defendant only paid interest to C, but not paid the principal amount of KRW 20 million, and in order to secure the above 20 million, C had prepared a charter contract, a claim transfer contract, etc., and did not receive the transfer of money.

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.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. The police statement of the defendant;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 156 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant recognizes the crime of this case, and the defendant.