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(영문) 대구지방법원 2015.01.23 2014고정2742

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 November 22, 2013, the Defendant made a false statement to the public service center of the Daegu Pacific Police Station located in the Daegu 2dong, Daegu 2013, that “B purchased the above vehicle from B in order to resell the vehicle after purchasing the vehicle in 2002 and then selling and returning the vehicle to B,” using the gate in the accusation form, and submitted it to the public service center of the Daegu Pacific Police Station on the same day. On the same day, the Defendant continued to undergo an investigation as the complainant at the investigation station of the Daegu Pacific Police Station and the economic team office of the above case, and thereafter, the Defendant stated to the public service center of the public service center of the public service of the public service center of the public service center of the above police station that was investigating the above case to the effect that “B sold the above vehicle and arbitrarily used the sales proceeds, thus punishing the above vehicle as embezzlement.”

However, in fact, the defendant was asked for the loan of the name of the person with a disability from the high school which runs the automobile middle and high-class sales business to the person with a disability, so it was possible to register the vehicle under the name of the person with a disability, and there was no entrustment to the person B for the sale of the vehicle. Therefore, there was no fact that B embezzled the purchase price of the vehicle.

Accordingly, the defendant was arrested for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

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 applicable to the crimes;

1. Articles 157, 153, and 55 (1) 6 (Confession) of the Criminal Act, which are statutory mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;