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(영문) 창원지방법원 진주지원 2018.09.13 2018고정187

무고

Text

Defendant shall be punished by a fine of one million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On June 28, 2017, the Defendant would pay KRW 40 million if he/she lent KRW 20 million to B around March 20, 2014, and KRW 40 million if he/she lent KRW 20 million to B around March 20, 2014.

In addition, on April 2, 2014, he/she transferred KRW 20 million to B, but does not complete payment.

B A written complaint was submitted to the effect that “B would be punished for fraud.”

However, the Defendant did not lend KRW 20 million to B around April 2, 2014, and around that time, when C lends KRW 20 million to B with the Defendant’s introduction, the Defendant used the loan certificate received in the name of the Defendant and filed a false complaint as if the Defendant lent KRW 20 million to B.

In this respect, the defendant had not been punished against B for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A protocol concerning the suspect B of the police;

1. Statement made to A by the police;

1. Investigation report (to telephone conversations with a witness C);

1. A criminal investigation report (Attachment of data on suspects and reference witnesses);

1. Investigation report (line C phone investigation for a witness);

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

1. Article 156 of the Criminal Act concerning the facts constituting the crime;

1. Article 157, Article 153, and Article 55 (1) 6 of the Criminal Act to mitigate self-denunciation;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;