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(영문) 의정부지방법원 2017.11.03 2017고단2224

무고

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around February 13, 2017, the Defendant submitted a written complaint to the public prosecutor’s office of the government-based local public prosecutor’s office located in 34,00 U.S., 34,00 U.S., and the Defendant stated to the effect as above, the Defendant submitted a written complaint to the effect that, for the purpose of having the Defendant subject to criminal punishment, “B would be punished by embezzlement because the Defendant would not return the monthly rent deposit to the complainant and would not return the remainder of 1.2 million won because the Defendant would have been punished because the Defendant would not return the hospital fee to the complainant,” and the Defendant stated to the police officer in charge of the investigation and economic team office of both Jeju Police Station and the economic team of February 22, 2017.

However, in fact, while the Defendant was residing in B around May 2016 in the "C" car page operated by B as an employee and leased by B, around July 2016, the Defendant would pay two million won of the lease deposit by sending the lessee’s name to B, and then changing the lessee’s name to the Defendant.

In the proposal, although the name of the tenant was changed to the defendant, but two million won was not paid to B thereafter, the tenant was changed to B on September 2016 and the above lease deposit was owned by B. Therefore, there was no fact that B embezzled the above money owned by the defendant.

Nevertheless, the Defendant filed a false accusation with the intent to have B punished criminal punishment, and filed a false accusation and filed a false accusation against B.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. Each police statement made to the defendant and E;

1. Application of Acts and subordinate statutes to the police interrogation protocol concerning B;

1. Relevant Article 156 of the Criminal Act concerning the facts constituting an offense. Article 156 (Selection of Punishment of Imprisonment);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant with the reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is B.