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(영문) 부산지방법원 2015.08.20 2015고정2527
무고
Text

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

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

Reasons

Punishment of the crime

On October 29, 2014, the Defendant prepared a false complaint against D and E with the aim of having D, E receive criminal punishment in the office of “C certified judicial scrivener” located in Busan-gu, Busan-gu.

A written complaint was that "the defendant's complainant prepared and exercised a certificate of full payment in the name of the complainant by forging the signature of the complainant and the private person on January 13, 2014."

However, as the defendant prepared the name, address, and confirmation person on January 13, 2014 and delivered them to D and E, there was no forgery of D and E's full payment certificate in the name of the defendant.

On October 30, 2014, the defendant submitted a written complaint to the public service center of the Busan Jin-dong, Busan, and brought the complaint to D and E.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the defendant;

1. Statement made to D by the police;

1. A defendant's petition and a letter of withdrawal of complaint;

1. Contract for construction subcontract, certificate of full payment, statement of transactions, electronic tax invoice, judgment on civil procedure, application of statutes of the warden;

1. Article 156 of the Criminal Act as to the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 157, 153, and 55 (1) 6 (Confession) of the Criminal Act, which are statutory mitigation;

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

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

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