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(영문) 서울동부지방법원 2016.11.16 2016고단625
무고
Text

1. Defendant A shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

A around June 30, 2015, lent KRW 1,00,00 to Ga, who was a branch of Ga, but did not receive KRW 3,50,00,000 among them. On August 11, 2015, upon finding E and demanding repayment, but having got back to a serious horse or dispute, the Defendants were willing to file a false complaint as defamation. At the Defendant’s house located in Gangdong-gu Seoul Metropolitan Government F, the Defendants conspired to “where Defendant B prepares and provides a false statement, Defendant A will be free to file a false complaint.”

According to the above public offering, Defendant B prepared a written statement that “E directly speaks that the person “A” and the sexual intercourse occurred several times according to the end of E,” and Defendant A prepared a false written complaint with respect to E in order to have E receive criminal punishment from the same day, at the house of Defendant A, with the same day.

The contents or facts of the complaint that “the defendant E was a dial-a-a-counter relationship with A, and even that was made several times,” and that “E had damaged its reputation,” did not have any such a statement made to the defendant B.

Nevertheless, around August 12, 2015, Defendant A submitted the above complaint to a police officer who is unable to know his name in the Gangseo-gu Seoul Metropolitan Government civil petition office for the police station located in Seongdong-gu's Seongdong-gu, Seoul, and the Defendants conspired and conspired with E.

Summary of Evidence

1. Defendant B’s legal statement

1. Legal statement of witness E;

1. Each prosecutor's interrogation protocol against the Defendants

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles of the Criminal Act and the selective Defendants of the punishment: Articles 156 (1) and 30 of the Criminal Act;

1. Defendant B: Articles 157, 153 and 55 (1) 3 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendant A of the community service order: actively supposes false facts through prior public offering of sentencing Article 62-2 of the Criminal Act.

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