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(영문) 창원지방법원 2015.03.27 2014고정1429
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 June 30, 2014, the Defendant submitted a complaint to the Busan Police Station that, “Around August 6, 2013, the complainant (Defendant) entered into a lease contract with the Defendant, a real estate broker, for the lease of the factory site and its ground factory to (1) day, on the introduction of D, the Defendant, which is the real estate broker.” In stating the special terms and conditions stated in the above lease contract, “A lessor (Defendant) would allow the lessor (Defendant) to use the F in the vicinity of the factory site for the lessee,” the Defendant filed a complaint with the purport that “A lessor violates the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, without notifying the complainant, arbitrarily enters into any notice, and thus, punished.”

However, in fact, the above D notified the defendant that the above special agreement is included in the contents of the lease contract.

Nevertheless, the defendant filed a false accusation for the purpose of receiving criminal punishment against the above D, and brought a false accusation against the D.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A complaint;

1. Application of Acts and subordinate statutes on a lease contract;

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

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

3. Article 334 (1) of the Criminal Procedure Act.

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