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(영문) 대구지방법원 2017.08.30 2017고정198
무고
Text

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

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

Reasons

Punishment of the crime

On August 16, 2016, the Defendant had D obtain criminal punishment from an attorney-at-law office located in Daegu Suwon-gu, for the purpose of having D obtain criminal punishment. “D” was to construct a new building on the land owned by D while there is no intention or ability to jointly build a new building and jointly build a building on the land owned by D, thereby causing damage, such as construction design cost, by having the Defendant perform the building permit work, such as building design cost.

A false statement of complaint stating " was prepared and submitted to the public service center of the Daegu Gangnam-gu Police Station in 130, Daegu Northern-ro, Daegu-gu.

On August 25, 2016, the Defendant submitted a written estimate to the police officer F who is investigating the instant case, stating to the effect that “The construction design cost of D was paid KRW 8950,000 as a construction design cost to the end that D would jointly construct a new building, which would vary in punishment for fraud,” which was issued by the construction office as evidentiary materials.

However, the Defendant did not pay the construction design cost of KRW 8.95 million, and the above construction design cost only spent KRW 3 million, which is part of the G purchased land.

Accordingly, the defendant reported false facts to public offices and made a false accusation.

Summary of Evidence

1. The legal statement of the witness H and the witness I's partial statement;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution and the police for the accused;

1. A copy of a permit for construction, substantial repair, or change of use, architectural design drawings, and permission-related expenses;

1. Application of Acts and subordinate statutes of the investigative report (including the statement of the suspect at present and by the witness G phone) (including the deposit sheet attached thereto);

1. Article 156 of the Criminal Act applicable to the crime and Article 156 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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