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(영문) 춘천지방법원 강릉지원 2015.04.01 2015고정9

무고

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On August 3, 2014, the Defendant, using computers kept in the D Administrative Affairs Office located in the Dong Sea-si Office in the Dong Sea-si on July 19, 2014, 200,000 won in cash to the complainants at the F Office around June 25, 2014, from among six members of the head of the Tong/C and the Chairperson of the Dong Sea-si Office in the Dong Sea-si Office No. 1 of the Dong Sea-si Office around July 19, 2014.

I prepared a letter of complaint containing false facts such as 'the expression of false facts to impair the reputation of the complainant', and 'the punishment has changed'.

However, there was a fact that the defendant received KRW 200,000 from E on June 17, 2014.

Nevertheless, on August 4, 2014, the defendant received the above complaint from the police officer who is unable to know his name at the comprehensive civil petition office of the East Sea Police Station in the East Sea.

Accordingly, the defendant was dismissed for the purpose of having E receive criminal disposition.

Summary of Evidence

1. Each legal statement of witness E, G and H (the statements of witnesses are consistent, specific points, the contents of the statements are not inconsistent with other evidence, the circumstances in which the false statements of witnesses are not visible, and credibility is recognized in light of the attitude of the statements in this court, etc.)

1. Investigation report (verification of details of card settlement);

1. The written complaint (the defendant and the defense counsel asserted that the defendant did not report false facts because he did not receive KRW 200,000 from E, but according to the above evidence, it can be recognized that the defendant received KRW 200,00 from E, and therefore, it can be sufficiently recognized that the defendant received KRW 20,000 from E) and the law

1. Relevant Article of the Criminal Act and Selection of Penalty for the Crime. Article 156 (Selection of Fine)

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.