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(영문) 부산지방법원 2013.07.25 2013고정985
무고
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 2012, the Defendant instructed E, who is an employee of the Company, to prepare a false complaint with respect to F using the company’s computer at the office of the D Co., Ltd. 145-304.

Around July 2005, the complainant filed a complaint with respect to the real estate G and H land of the maximum amount of 40 million won, which the complainant requested the defendant to sell to an individual among the real estate, until the right to collateral security was cancelled, the defendant's custody was 40 million won equivalent to the amount of the right to collateral security, which the purchaser received from the purchaser, until the right to collateral security was cancelled, and the complainant paid immediately after the cancellation of the right to collateral security. On December 5, 2005, even though the complainant cancelled the right to collateral security, the complainant did not refund the above 40 million won, and thus, the crime of occupational embezzlement was punished for the crime of occupational embezzlement. The F returned the real estate by remitting the amount of 40 million won around December 6, 2005, which is the day following the cancellation of the right to collateral security by the defendant.

Nevertheless, on October 19, 2012, the defendant submitted the above written complaint to an employee who is unable to know his name at the public service center of the private police station located in Bupyeong-gu, Busan. 569-1.

As a result, the defendant was arrested by F with the aim of having F punished criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Application of the Agricultural Cooperative Trade Detailed Act

1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the selection of punishment;

1. Articles 157, 153 and 55 (1) 6 of the Criminal Act for mitigation of confessions;

1. Articles 70 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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