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(영문) 부산지방법원 2013.07.25 2013고정2827
무고
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Around October 2010, the defendant had a certified judicial scrivener who has not made a false statement about C in the office of a certified judicial scrivener who has not made a false statement in Busan Dong-gu.

A written complaint (C) around July 26, 2009, entered into a sales contract with C on the 992/338 shares of the 18050 square meters of land D, Busan, Busan, the ownership of which is C, (10 million won for the down payment on March 27, 2009, and paid 5 million won for the intermediate payment on December 19, 2009. Although C is unable to cancel the real estate sales contract at will, it did not constitute a crime of breach of trust following double sale by disposing of this real estate to E and F, etc. on May 12, 2010, and C did not have any fact that it sold the real estate to a third party after the agreement between the Defendant and the real estate sales contract was cancelled.

Nevertheless, around February 15, 201, the public service center in the Busan Dong-dong, Busan Dong-dong, which submitted the above complaint to police officers in the name of the public service center in the Dong-dong, Busan.

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. A copy of each police statement of the defendant (93 pages, 204 pages of investigation records);

1. Details of a real estate sales contract, copy of a contract, and the contents of the contract exchanged with a suspect, a notice of reasons for non-prosecution (No. 201 type No. 27401), copy of a complaint, and the application

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

1. Articles 157, 153, and 55 (1) 6 (Confession) of the Criminal Act, which are statutory mitigation;

1. Articles 70 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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