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(영문) 인천지방법원 2018.11.14 2018고단6900
무고
Text

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

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

Reasons

Punishment of the crime

On May 15, 2018, the Defendant submitted a false complaint to C prepared in advance by the Incheon District Public Prosecutor's Office located in the Incheon Southern-dong, Incheon District Public Prosecutor's Office, and was present at the Incheon District Public Prosecutor's Office and made a false statement on the 24th of the same month.

The contents of the accusation and false statement are as follows: “In spite of the absence of intention to purchase and operate it together, it is intended to jointly take over and operate it, or sell it to another person, and deceiving the complainant to divide the profits therefrom, and they are punished by deceptioning 1.5 million won from April 21, 2017 to August 16, 2017 by delivery from the complainant (defendant).”

However, as the defendant thought that he will file a petition for bankruptcy with the rehabilitation court, he received a loan from the second financial right and entrusted it to C, and C did not have received the money by deceiving the defendant.

Accordingly, the defendant reported false facts to public offices for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against the defendant;

1. Complaint;

1. Application of Acts and subordinate statutes of the investigation report (No. 3, 4, 6, 8, 9) at a moment;

1. Relevant Article 156 of the Criminal Act concerning the facts constituting an offense, Article 156 of the Criminal Act selecting a fine, and the choice of

1. Articles 157, 153, and 55 (1) 6 of the Criminal Act to be mitigated by law;

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

1. The crime with no reason for sentencing under Article 334(1) of the Criminal Procedure Act infringes on the national legal interest, which is a proper exercise of the State’s trial function, and seriously threatens the legal stability of the person under consideration. Meanwhile, the defendant is committing the crime in this case; the defendant has led to the confession of the person under consideration at the time of investigating the case of false accusation against the person under consideration by the prosecution; the fact that the person under consideration expressed his intention not to punish the defendant; the fact that the person under consideration was the first offender; and the age of the defendant.

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