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(영문) 서울중앙지방법원 2015.08.12 2015고단3026
무고
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Around October 2014, the Defendant submitted to police officers a written complaint stating, “Around September 1, 2014, the Defendant issued KRW 4 million in cash to C, a licensed real estate agent, in the name of a lease contract, with a view to having C be subject to criminal punishment, at the Dongjak-gu Seoul Metropolitan Government Nowon-ro 148.”

However, there was no fact that the defendant delivered C a cash of 4 million won under the pretext of a deposit contract.

Accordingly, the defendant did not appeal C.

Summary of Evidence

1. Defendant's legal statement;

1. Existing written complaint;

1. Application of Acts and subordinate statutes to each investigation report (to verify the hearing of telephone conversations for reference witnesses, and the date of receipt of written complaints);

1. Article 156 of the Criminal Act applicable to the crimes;

1. Selection of an alternative fine for punishment (the details of the offense, the details thereof, and the fact that the offense is divided, etc.); and in light of the period of confession, Articles 157 and 153 of the Criminal Act do not apply;

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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