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(영문) 청주지방법원 2019.09.06 2018고단3117
무고
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On February 2, 2018, the defendant prepared a false complaint with the aim of having D criminal punishment at the office of C judicial scrivener in Seo-gu, Seo-gu, Seo-gu, Seowon-si.

On May 12, 2017, the criminal defendant and D entered into a contract for development of the website with the content that D will create and set the Internet homepage on the condition that D will create the Internet homepage on the condition that D will make the service cost of 8,800,000 won. Since D did not provide the result of the service contract to be made on December 2, 2017 even after receiving the total amount of the service cost, it was the content that it was committed by receiving the service cost without intention or ability to perform

However, there was a fact that D, around July 31, 2017, completed the creation of the Internet homepage under the contract with the defendant and explained to the defendant about information on the management account and the use method of the Internet homepage.

Nevertheless, on February 19, 2018, the Defendant submitted a written complaint to the police officer in charge of civil petition at the Cheongju Police Station located in Cheongju-si, 266, Cheongju-si, Cheongju-si, and brought the complaint to D.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and D;

1. A copy of the statement of the police against the defendant (Evidence No. 12);

1. Application of Acts and subordinate statutes to the contract for the development of the website, the PC homepage, and mobile connection screen, the instructions on management connection method, the contents related to managers and e-mail, the contents related to e-mail on February 19, 2018, the copy of A’s complaint, the e-mail box sent on February 19, 2018, the E, the photo and recording (Evidence Nos. 39) between suspects

1. Determination as to the assertion of the accused and his defense counsel under Article 156 of the Criminal Act and Article 156 of the Criminal Act relating to the pertinent criminal facts

1. The summary of the assertion and the defense counsel are the Defendant and the F, Inc., Ltd., operated by D (hereinafter “F”), are the Defendant’s website production service contracts (hereinafter “instant service contracts”).

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