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(영문) 대구지방법원 2017.11.14 2017구합22598
견책처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a police officer who was appointed as a policeman on November 3, 1990 and served in the Daegu Provincial Police Agency B from January 30, 2012 to September 1, 2012 after promotion to the police officer on September 1, 2010.

B. The Plaintiff submitted a false donation receipt stating that he/she each donated KRW 3,050,000 and KRW 4,000,000 to C, even though he/she did not actually have any significant time for the year-end tax settlement of wage and salary income for each taxable period in 2009 and 2010, and received income deduction.

C. At around 10:00 on November 14, 2016, the Plaintiff appeared as a witness of the Daegu District Court Decision 2012Kadan5030 (hereinafter “relevant criminal case”) on D, a well-known C, and took an oath to be punished for perjury, and the Plaintiff’s wife did not have any timely presentation in C in 2009 and 2010, and the Plaintiff’s wife did not frequently contributed to C. Although the Plaintiff received a donation receipt from C, the prosecutor’s question “I would know that I would know that I would like to know at the time,” “I would know that I would like to contribute I will frequent at the time,” and the prosecutor’s answer to “I would know that I would receive a newspaper receipt”.

On February 17, 2017, the Plaintiff received a summary order of KRW 2 million for perjury from the public prosecutor of the Daegu District Public Prosecutor's Office, and the said summary order became final and conclusive as it is.

E. On April 3, 2017, the Defendant, subject to the resolution of the General Disciplinary Committee of the Daegu Regional Police Agency, committed the instant misconduct by the Plaintiff with perjury as above.

Article 152 of the Criminal Act, Articles 56 (Duty of Fidelity), and 63 (State Public Officials Act) of the State Public Officials Act (Article 78(1)1 of the State Public Officials Act).

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