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(영문) 의정부지방법원 2017.07.27 2017고단330

무고

Text

Defendant

A Imprisonment with prison labor for six months and for four months, respectively.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is an individual architect who resides in Guri-si D, 101 Dong 1705.

E on January 2016, the (State) F was subcontracted in the amount of KRW 368,00,000,000 from among the construction works of the new factory in the Sincheon-si (State) H located in the city of P.G., and Defendant A was sub-subcontracted by the F of the said team.

Defendant

A employs eight members, including Defendant B, etc., and completed the subcontracted panel construction as above, and paid all wages to B, etc., but the fact that Defendant B et al. failed to receive part of the subcontracted construction cost from Defendant B, etc., in collusion with employees, such as Defendant B et al. for the purpose of inducing the payment of the said subcontract price. The fact that Defendant B et al. did not pay the said wages to the said B et al. but did not have any unpaid wages, she had the intention to correct the F in violation of the Labor Standards Act.

Accordingly, on June 13, 2016, the Defendants, at the government branch office of the Central and Medium Local Labor Administration Office located in the Gu-Si, 143, prepared a statement of authenticity that “(State) paid wages of KRW 5,6150,000,000 to (State) and submitted it to the staff in charge of the labor office of the Central and Medium-gu Labor Administration, thereby making a decision E without any name.”

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of suspects of E;

1. A petition or power of attorney;

1. Application of Acts and subordinate statutes to report on investigation (record a true call call);

1. Relevant Articles 156 and 30 of the Criminal Act concerning the facts constituting an offense and Articles 156 and 30 of the Criminal Act;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to mitigate confessions;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act for suspended sentence;

1. One month to five years from the date of imprisonment with prison labor within the applicable sentencing range by law; and

2. Class 1 (Special Sentencing Person): Reduction element of punishment on the basis of the sentencing criteria: Imprisonment with prison labor for one month or from one year to one year.

3. The Defendants were sentenced to the sentence.