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Reasons
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(영문) 서울중앙지방법원 2016.07.14 2015고정314
무고
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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

On June 20, 2013, the Defendant submitted a written complaint to the Gangnam-gu Seoul Gangnam Police Station located at 114-gil 11, Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, to the effect that “The Defendant’s lawsuit C is punished as a lawsuit fraud.”

On June 26, 2013 and July 25, 2013, at the Seoul Gangnam Police Station, the Defendant stated that “The Defendant filed a lawsuit claiming the return of unjust enrichment with the Seoul Central District Court on the grounds of a forged receipt stating that “The Defendant, the Defendant, received KRW 55 million from E, despite the fact that he received KRW 55 million from E,” the Defendant filed a lawsuit claiming the return of unjust enrichment with the Seoul Central District Court.”

However, in fact C requested that the defendant receive KRW 74 million from E on behalf of E, and even though the defendant received KRW 55 million from E, he did not return to himself, he filed a lawsuit seeking return of KRW 38.5 million after deducting KRW 16.5 million from the defendant's debt to him, and the above receipt in the name of the defendant was not forged.

Accordingly, the defendant reported false facts to C for the purpose of having criminal punishment imposed upon C.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A copy of the protocol concerning the examination of the suspect of the police officer on June 26, 2013 against the defendant (the examination of evidence 233 pages);

1. A copy of the protocol concerning the interrogation of suspect E (including the part concerning the statement of the defendant, and 257 pages of evidence);

1. Copy of the police statement made to E (Evidence 306 pages of evidence);

1. A copy of the protocol concerning the examination of suspect C by the police (including the part concerning the statement of the defendant, and 387 pages of evidence);

1. Copy of records No. 18877 of punishment No. 2010 (Evidence of Evidence No. 458);

1. Investigation report (a copy of the civil judgment related to this case shall be attached);

1. Application of the written complaint (Evidence No. 126 pages) and receipt statutes to the defendant's preparation

1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the crime. Article 156 (Selection of Penalty Penalty)

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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