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(영문) 광주지방법원 2016.01.27 2015고단4733

무고

Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around May 2015, the Defendant appointed an attorney-at-law B and caused him to prepare a letter of complaint stating that “A, a defendant-at-law, shall be punished for fraud, on the ground that he/she received a seizure and collection order from the Jung-gu District Court 2015 on March 16, 2015 and received a seizure and collection order from the Jung-gu District Court 2015 to 4652 on December 30, 2013.”

However, in fact, the defendant was a partner.

C borrowed KRW 7 million for the payment of its fine, and borrowed living expenses, interest on loans, etc. on several occasions, and arranged the relationship, and the interest on C shall be calculated as KRW 30 million until the repayment date, and the fair deed was notarized. Therefore, the fair deed was not prepared based on false bonds.

Nevertheless, on May 12, 2015, the defendant, through the above attorney-at-law, submitted the above complaint to the above public service center of the public service center of the Gwangju-dong District public prosecutor's office located in 7-12, Gwangju-gu.

Accordingly, the defendant reported false facts to public officials for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes stating a copy of a protocol concerning the examination of suspect C to the police;

1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;

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

1. Type 1 (Determination of the sphere of recommendation), the basic area [the scope of recommendation] of the recommended punishment for the sentencing guidelines, six months to two years;

2. Whether to add a stay of execution or not - Major reasons for such addition: A significant movement - General reason: No effort to recover negative damage is made - there are no criminal records of a stay of execution or more positive.

3. Eight months (two years of suspended execution) of imprisonment with prison labor sentenced to a sentence;