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(영문) 울산지방법원 2017.08.11 2017고단1577
무고
Text

A defendant shall be punished by imprisonment for a period of five months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On January 1, 2017, the defendant had a public official C prepare a false complaint about D at a place where he was not a policeman.

The complaint shall state that "the complainant shall invest a total of KRW 50,000,000 and KRW 75,000,000,000,000,000,000,000,000 won for the operation of the amusement store" and the defendant shall manage and operate the amusement store without investment, and shall operate the entertainment store in a mutually distributed manner, but the defendant shall manage and keep the proceeds from the account of the complainant's head of the account. However, the defendant shall arbitrarily withdraw the proceeds of KRW 55,00,00 in total six times without the complainant's consent, and thus, he shall state the time of the complaint.

“The content was “.....”

However, in fact, among the above investment amounting to KRW 75 million, KRW 50 million, KRW 50 million invested by Defendant D, and KRW 25 million, KRW 25 million was borrowed from Defendant, and thus, in fact, the Defendant did not have any money invested in the said entertainment place, and as such, the Defendant decided that D shall have the overall management and management authority of the profits of the said entertainment place, and the Defendant’s profits accrued from the Defendant’s intermittent business have already been settled in accordance with a separate agreement between the Defendant and D, the Defendant did not have any equity or authority over the above entertainment place’s profits.

Nevertheless, on January 11, 2017, the Defendant submitted the above complaint to the police officer in charge and received it from the "Sulsan Southern-gu Police Station" located in 25-ro 35, Ulsan-gu, Ulsan-gu, Busan-ro, 35.

As a result, the defendant was sentenced to D for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of each police station regarding D (including the part concerning the statement of the defendant);

1. Statement made by the police against the defendant;

1. Complaint;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Criminal facts;

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