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(영문) 인천지방법원 2019.02.15 2018고정1550
무고
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 14, 2017, the defendant prepared a false complaint against D using a computer from the defendant's house located in the Nam-gu Incheon Metropolitan City B apartment C.

A written complaint states, “A, the Defendant’s complaint, was paid 1.6 million won for the rehabilitation and bankruptcy of E, but he/she testified with the Defendant at around 14:00 on April 18, 2017, 163-ro 163, Nam-gu, Incheon District Court, “D merely received 800,000 won for E from Defendant (A).” The fact was that D was not a false testimony because D’s amount received from the Defendant for the rehabilitation and bankruptcy of E was not less than 80,000 won, and the Defendant was well aware of such circumstances.

Nevertheless, around June 14, 2017, the Defendant submitted a written complaint to the Incheon Southern-dong Police Station located in 668, Namdong-gu, Incheon, Nam-gu, Incheon, and made a supplementary statement to the same effect at the Incheon Southern-dong Police Station around June 22, 2017.

Accordingly, the Defendant reported false facts to public offices.

Summary of Evidence

1. Legal statement of witness D;

1. Examination protocol of the accused by the prosecution (including the substitute part);

1. Copy of the prosecutor's statement concerning D;

1. The police statement of the defendant;

1. A complaint;

1. Copy of the explanatory note;

1. A copy of the protocol of examination of witness and a transcript thereof;

1. Application of Acts and subordinate statutes to investigation reports (attached to a statement of expenses for bankruptcy cases), investigation reports (attached to a statement of transactions submitted by a suspect), investigation reports (attached to a statement of suspect interrogation documents submitted by a complainant A);

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

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

1. Judgment on the Defendant’s assertion under Article 186(1) of the Criminal Procedure Act, which bears litigation costs

1. Summary of the assertion

A. The sum of the amount that the defendant sent to D on July 13, 2015 and 80,000 won sent on December 23, 2015, as the costs of filing a petition for bankruptcy.

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