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(영문) 부산지방법원 동부지원 2015.06.29 2015고정91
무고
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is the kind of the defendant B.

On June 2013, the Defendant: (a) around June 2013, the husband and wife A, who filed a complaint, decided to transfer franchise 1 points to Defendant B; and (b) transferred business registration around April 4, 2013, the Defendant delayed payment.

Therefore, the complainant's husband and wife found the above No. 1, and the defendant her "no money remains after the settlement of accounts is available to the complainant," and the complainant spreads verbal abuse, and used violence to prevent the complainant. While the complainant's complaint was prepared, there was no injury or assault from B.

Nevertheless, on June 28, 2013, the defendant submitted a false complaint to an employee under his name in the Busan metropolitan transportation department civil petition office located in Busan metropolitan transportation Daegu-dong.

On the other hand, at around 10:00 on the same day, the Defendant received a supplementary statement from an appellant, and stated to the effect that “In around April 23, 2013, the complainant is disputing the issue of “D 1st floor in the Busan Slst and the above restaurant transfer proceeds, etc.” C after restauranting, E who received the Defendant’s teacher assaulted the complainant. In addition, around May 1, 2013, the complainant is disputing the issue of the above restaurant transfer proceeds, etc. with the Defendant, and EF who received the Defendant’s teacher assaulted the Defendant.”

However, in fact, when the defendant and EF are disputing, B did not reach it, and unlike others, B did not directly assault the defendant or instigate EF, and did not cause it to assault the defendant.

As a result, the Defendant reported false facts to the police station with the aim of having B punished criminal punishment.

Summary of Evidence

1. Partial statement made by the defendant in this Court;

1. Statement of the suspect examination of the accused prepared by the prosecution;

1. The statement of statement B prepared by the police (second time).

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