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(영문) 수원지방법원 안양지원 2015.06.19 2015고단539
무고
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 12, 2015, the defendant made a false complaint with respect to D at the C certified judicial scrivener office located in Gangnam-gu Seoul, Gangnam-gu, Seoul, to C, who works for the above office, to prepare a false complaint with respect to D.

On October 7, 2014, the complaint filed a claim for payment order to A with the Suwon District Court on November 3, 2014, using a temporary loan certificate that was prepared at the time of lending counseling, although the Defendant D did not lend KRW 2.1 million to A on October 7, 2014, the complaint filed a claim for payment order with D as the debtor on November 3, 2014, and the lawsuit fraud was punished because it won in favor of the Defendant on January 28, 2015.

However, the fact was that the defendant borrowed 1.5 million won in cash from D around October 7, 2014, and paid 2.1 million won including interest, around the 27th day of the same month, and prepared a loan certificate.

Nevertheless, on February 12, 2015, the defendant submitted a written complaint to E by the public service center of the military police station located in the Geum-dong, Si, Si, Gun.

In this respect, the defendant was arrested for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D by the prosecution;

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

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

1. Articles 157, 153, and 55 (1) 3 (Confession) of the Criminal Act, which are statutory mitigation;

1. The grounds for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] Article 62(1) of the Act on the Suspension of Execution, comprehensively taking into account the following factors: (a) the mitigation area (one month to one year) [the person subject to special mitigation], self-denunciation and confession (the decision of sentence], (a) the primary offender; (b) the fact that a confession is relatively easily made at the police investigation stage and the immediate revocation of the complaint is made; and

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