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(영문) 부산지방법원 동부지원 2016.12.21 2016고정1103

무고

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant lent KRW 4.5 million to B. The Defendant subscribed to the insurance policy under the name of the Defendant as a means to repay the above borrowed amount, and agreed to pay the premium every month. However, upon the termination of the insurance policy without paying the premium in accordance with the agreement, the Defendant attempted to make a false accusation that B forged and uses the insurance subscription form.

On December 28, 2015, the defendant prepared a false complaint against B with the aim of having B criminal punishment, at the Shipping Police Station located in Busan Shipping Daegu, for the purpose of having B receive criminal punishment.

On April 29, 2013, the complaint received allowances by Defendant B, who was the defendant, on April 29, 2013, for the purpose of raising insurance performance, and he/she signed and sealed his/her name in the Samsung Bio-pension insurance contract for the purpose of getting the complainant, and forged one copy of the application form for Samsung Bio-resources Insurance, and submitted the forged document to the employee of Samsung Bio-resources who is unaware of the fact, and uses it as a crime of forging a private document or uttering of the above investigation document, and the defendant allowed B to purchase an insurance policy under his/her name at that time.

The defendant left a letter of complaint prepared above to the Shipping Police Station, and 2016

2.3. The above complaint was received in a regular manner by telephone call to the civil service center of the Korea Shipping Police Station and requesting the staff in charge to receive the complaint.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Examination protocol of suspect B;

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, 52 (1), and 55 (1) 3 of the Criminal Act (i.e., confession) of the Criminal Act mitigated legally;

1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 of the Criminal Act of the Suspension of Sentence