logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2020.01.16 2018고정603
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

The Defendant, who had worked as a contract worker for an agricultural policy and a fixed-term contract worker in B military administration until May 2018, omitted from the subject of regular conversion, was willing to raise the team leader C of the return to farming and fishing village like the religious spirit and the return to rural communities.

On May 8, 2018, the Defendant submitted a false complaint to C to the public service center of the E police station located in the former North Korea.

A statement of the complaint was made to the effect that "C received more than 50,000 won from the subsidy passbook for returning to rural communities in October through December, 2015, and the Defendant was punished for receiving money and valuables." On May 28, 2018 and June 5, 2018, the Defendant appeared at the same police station investigation and the intelligence team office and made a supplementary statement to the effect that "C received KRW 500,000 from G organizations in connection with its duties, and I think C would receive money in connection with his/her duties, although he/she does not know the reason why C received money from G organizations, it would receive money in connection with his/her duties."

However, the above money was not a bribe because C was demoted against members of G organization and received it under the pretext of lectures and medical care. At the time, the Defendant was well aware of this content because C was in charge of the business of directly subsidizing G organization’s work as the manager of the H center, while assisting C in the business of the H center’s work.

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Each legal statement of the witness C and I;

1. A protocol concerning suspect examination of the prosecution concerning C (including the part concerning the statement of the accused);

1. Protocol concerning suspect interrogation of C;

1. Statement of the prosecutorial statement concerning I;

1. Statement of each police statement of the defendant;

1. C’s statement;

1. The head of a complaint, standards for paying instructors' allowances, regulations on travel expenses for public officials, investigation reports (Attachment to a disbursement resolution by the J Center), and application of statutes on each disbursement resolution;

1. Article 156 of the Criminal Act applicable to the crimes;

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

1. The defendant's assertion of the provisional payment order under Article 334 (1) of the Criminal Procedure Act.

arrow