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(영문) 부산지방법원 2013.06.13 2013고정134
무고
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

For the purpose of having C and D subject to criminal punishment, the Defendant: (a) made a false statement to the effect that C and D applied for an auction of real estate with false content; (b) on April 2012, the Defendant: (c) made a false statement to the effect that “The Defendant, C and D conspired to lend KRW 7 million to the complainant, while C and C have borrowed KRW 23 million to the complainant, by making a voluntary request for auction of real estate with false content as if they lent KRW 23 million to the complainant; (d) made a false statement to the effect that “The Defendant would punish the complainant as a crime of attempted fraud; and (e) made a false statement to the effect that “The Defendant would be punished for attempted fraud.”

5. 1. Busan Jin-ro 111-gil, Busan Jin-gu, and submitted the above complaint by mail to the 6 Busan Jin-gu Police Station.

In this respect, the defendant made a false accusation against C and D for the purpose of having C and D punished criminal punishment.

Summary of Evidence

1. Each legal statement of witness C and D;

1. Second police suspect interrogation protocol regarding C (including substitute part);

1. Investigation reports (Submission of suspect C details of transactions) and accompanying documents;

1. Complaints and written agreements;

1. Each registration for seal imprint shall be governed by statutes;

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

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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