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(영문) 서울동부지방법원 2019.06.12 2018고단4239
무고
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 2018, the Defendant, using a computer, prepared a complaint to the effect that, for the purpose of having a criminal punishment imposed upon B, “The Defendant was transferred to the Defendant that he/she was in custody of the Defendant on June 2017, by online, sold at will, without permission of the complainant, and received the price from the gallongr without permission of the complainant, and even if he/she received the price, he/she did not pay the proceeds of sales to the complainant.”

However, in fact, the Defendant did not pay approximately KRW 80 million for supply price of C (one named “D”) supplied by the Defendant for development to B around October 2016, and did not pay KRW 2,00,00,00 for the bid price of E (E, CF, 209), G (G, C, and C, 209) to B, and delivered the bid price to cover the successful bid price with the development cost of the said program. There was no fact that B posted two above forest points to auction without the Defendant’s permission, and received the successful bid price and embezzled it.

Nevertheless, around June 26, 2018, the Defendant submitted the above written complaint to police officers who cannot know their names at the Songpa-gu Police Station located in 221, Songpa-gu, Seoul.

As a result, the Defendant reported false facts to public offices for the purpose of having them punished.

Summary of Evidence

1. Legal statement of the witness B;

1. Each prosecutor's interrogation protocol concerning B;

1. The police statement of the defendant;

1. Application of the Acts and subordinate statutes governing the filing of a complaint, the details of receipt and reception of text messages, the details of transmission and reception of e-mail, the Kakao Stockholm dialogue, and requests for cooperation for investigation;

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the claim is that the Defendant did not request the development of C, and the auction price for the C is assessed against B.

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