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(영문) 창원지방법원 마산지원 2014.09.03 2014고단645

무고

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 2, 2014, the Defendant: (a) prepared a false complaint stating that “Around January 2013, the Defendant issued a sales contract to the complainant by stating that he/she would sell units of Nos. 101, 102, 103, and 104 of the D Building 101, 102, 103, and 104, in order to have C receive a criminal disposition; and (b) submitted a false complaint to the public service center of the Mapo-dong Police Station around February 27, 2014 that “Around February 27, 2014, the Defendant acquired pecuniary benefits equivalent to KRW 943,80,00 by arbitrarily disposing of the above loans 4 loans.”

However, on January 2013, the defendant issued the above sales contract by requesting C to prepare the construction cost by borrowing money from the members of C using the above sales contract. There was no fact that C used the above 4 loans or acquired property profits.

Nevertheless, the defendant did not file a false complaint with the above C.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

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

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

1. Statutory mitigation under Articles 157, 153, and 55 (1) 3 (i.e., mitigation of confession);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [the scope of recommending punishment] Type 1 (General Non-competence) (Article 62 (1) of the Criminal Act), the area of mitigation (Article 1 to 1 (Special Mitigation) (Article 62) of the Act on the Suspension of Execution (Article 62 (1) of the Act on the Suspension of Execution), self-denunciation and confession (Article 4 months of imprisonment with prison labor), the suspension of execution