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(영문) 대구지방법원 상주지원 2016.12.13 2016고단342

무고

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the legal marital relationship with D, and is currently pending in a divorce lawsuit after marriage around 1994.

On September 30, 2015, the Defendant submitted a written complaint to the resident police station located in 230 at the center at the time of resident residence. The content was that “D voluntarily purchased an insurance subscription form under the name of the Defendant and then terminated the insurance contract by forging documents, such as the power of attorney, in the name of the Defendant without the consent of the Defendant.”

However, D, at the time of the purchase of insurance, prepared an application form with the consent of the defendant at the time of the purchase of insurance, and proceeded with the purchase of insurance procedure, and the defendant, who is being covered, visited the insurance company directly, terminated the contract, or let D carry out the termination procedure by proxy with the consent

In this respect, the defendant was arrested for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to criminal brief and investigation report (the result of disposition of the relevant case);

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;

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

1. The crime without reason for sentencing under Article 334(1) of the Criminal Procedure Act is not only a crime causing pain to an innocent person, but also a crime interfering with the proper exercise of the state's criminal justice function. However, the nature of the crime is good. However, the defendant is recognized and against all of the crimes of this case; the victim does not want the punishment of the defendant; the statute of limitations has already been imposed on the part of the criminal facts that the defendant filed a complaint; some of the criminal facts against which the defendant filed a complaint was recognized as having been subject to punishment; the defendant has no record of criminal punishment until then after 1989; the defendant has no record of criminal punishment; and the age, character and conduct, environment, circumstances leading to the crime, means and method of the crime; and the result.