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(영문) 춘천지방법원 강릉지원 2016.09.06 2016고단992
무고
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around March 2015, the Defendant had lived with B on the condition that he would have repaid the advance payment instead of the advance payment. On December 2015, B refused to live with B, went away, and was reported through confinement around February 2016, the Defendant argued that B acquired his own money and attempted to dismiss B.

On January 26, 2016, the defendant prepared a false complaint with respect to B through a non-official certified judicial scrivener office in the same jurisdiction.

A written complaint was filed by the Defendant on August 18, 2015, and around August 28, 2015, the Defendant delivered KRW 3 million to B from a social loan created by Apropha, which was obtained from the Defendant’s loan from Busan around August 18, 2015, and around August 28, 2015, the Defendant only used the above money personally and did not lend it to B.

Nevertheless, the defendant submitted a false statement to punish B from the investigation department of the East Sea Police Station in the same day, and made a statement to the same effect at the same place.

Accordingly, the defendant was arrested for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

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

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;

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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