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(영문) 인천지방법원 2014.07.25 2014고정1617
무고
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On March 10, 2010, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution, etc. at the Seoul Western District Court on March 10, 2010, and the said judgment became final and conclusive on October 8, 2010.

On June 20, 2007, the Defendant: (a) filed a false complaint with respect to C with the intent of having C receive criminal punishment; (b) even though there was no construction cost related to D Factory Building E, which is located in Incheon Cheongjin-gun, Incheon, which is subject to C; (c) filed a false complaint with respect to C with the purport that C had acquired it without being aware of the obligation of C to pay the construction cost; and (d) submitted the above complaint to the police officer who could not know his name at the public service center of the Incheon Southern-dong Police Station, Incheon, Nam-dong, Incheon, and submitted it to C.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect by the prosecution against the defendant or C;

1. The prosecutor's statement concerning the F;

1. A complaint;

1. Previous convictions in judgment: Results of case search, application of Acts and subordinate statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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