beta
(영문) 수원지방법원 2016.03.24 2015고정3085

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 March 2013, the Defendant: (a) at a certified judicial scrivener office in which it is impossible to know the trade name located in the Young-gu Port at Suwon-si, Suwon-si; and (b) at a certified judicial scrivener office in which it is difficult to find out the fact, C leased a cub car from the Defendant at KRW 1.7 million per month and returned it normally, but he did not return it to the said certified judicial scrivener who is aware of the above fact.

After allowing a police officer to prepare a written complaint stating false details to the purport of "the above written complaint was submitted to him/her on March 14, 2013 to the police officer who is unable to know his/her name at the police station of the Sungdong-dong Police Station of the 596 Sinsan-si.

B. On March 14, 2013 and May 28, 2013, the Defendant stated to the effect that “Around May 28, 2013, the Defendant provided one vehicle to make it possible to see Defendant C B’s trust and business, and obtained it by arbitrarily disposing of it as he/she received it.”

As a result, the defendant made a false accusation for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the police against C;

1. Report of investigation (Attachment of a copy of the protocol of interrogation of a suspect and the record of criminal procedure) (The defendant and his defense counsel find that the contents of the criminal complaint filed by the defendant constitute a false accusation

However, the crime of false accusation is established when another person reports the fact that there is no conviction in the truth for the purpose of having him/her criminal or disciplinary action, so the reporter does not need conviction that the reported fact is false (see, e.g., Supreme Court Decisions 90Do1065, Oct. 12, 1990; 2006Do8638, Mar. 29, 2007);