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(영문) 인천지방법원 2016.01.15 2015고정3530

무고

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On March 4, 2013, the Defendant submitted a false complaint to the public service center of the Incheon Southern-gu Office of Police Station, Incheon, Nam-gu, Incheon, Seoul, to the effect that “Defendant Nonparty Nonparty Nonparty B embezzled by arbitrarily consuming the business funds of KRW 44.5 million from June 22, 2012 to November 23, 2012 while jointly operating the Defendant and the Construction Business C Company,” to the effect that “Defendant Nonparty Nonparty B embezzled by arbitrarily consuming the business funds of KRW 4.5 million from June 22, 2012.”

However, the defendant only lent the name in the establishment of the above company B and did not actually have been involved in the operation, and as the defendant actually operated and executed the fund, the defendant did not arbitrarily used the business fund without the consent of the defendant.

As a result, the defendant submitted a false complaint to B for the purpose of criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

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

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

1. Articles 157 and 153 of the Criminal Act to be mitigated by law;

1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.