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(영문) 수원지방법원 안산지원 2015.07.07 2014고단1438
무고
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 19, 2013, the Defendant prepared a false complaint with respect to C and D using a computer at the attorney-at-law office located in Seocho-gu Seoul Metropolitan Government.

A written complaint states that "after the defendant C received KRW 300 million from the complainant on July 30, 2009, he/she agreed with the complainant to maintain provisional seizure set forth in E when it is the debtor's land, which is the land of the complainant, and, in the event of the sale of the above land, he/she decided to return the dividends to the complainant, he/she received dividends from the complainant's account around May 2012, he/she would be punished in collusion and embezzlement."

However, after the Defendant paid KRW 30 million on July 30, 2009, the Defendant first paid KRW 80 million out of the dividends under the pretext of the repayment of additional loan attorney's expenses, living expenses, etc., to C, and agreed to divide the remaining amount into half of the dividends. Of the dividends of KRW 143,372,716, the Defendant received KRW 30 million from C and completed the settlement of dividends on June 4, 2012, excluding KRW 13 million and KRW 80 million from the dividends of KRW 143,372,716.

On December 20, 2013, the defendant submitted the above complaint to the investigator who is unable to know his name in the public service center of the Si/Gun/Gu office within the Si/Gu office located in Ansan-si.

Accordingly, the defendant was made without the purpose of having C and D receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Entry of C in the suspect examination protocol of the prosecution as to C and entry of part of the accused;

1. A copy of the prosecutor's statement concerning C (No. 19);

1. Entry of C and D in each police interrogation protocol of the police as to C, and partial statement or entry of the accused in the protocol of interrogation of each police officer as to C;

1. Partial statement of the police statement against the defendant;

1. A copy of the police statement of C (No. 20)

1. The complaint, certified copy (F), bond attachment and collection order, and

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