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(영문) 울산지방법원 2019.08.23 2017고단2216
무고등
Text

[Defendant A] The defendant A shall be punished by imprisonment for five months.

[Defendant B] Defendant B shall be punished by imprisonment for four months.

(b).

Reasons

Punishment of the crime

[Criminal Power] On August 11, 2017, Defendant A was sentenced to four months of imprisonment for fraud at the Ulsan District Court, which became final and conclusive on November 14, 2017.

Defendant

C On April 5, 2018, the Busan High Court was sentenced to two years of imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in Busan High Court on June 5, 2018.

【Criminal Facts】

Defendant A, from June 3, 2015 to November 201 of the same year, borrowed a sum of KRW 2,2850,00 from D from June 3, 2015, failed to repay the borrowed amount of KRW 2,2850,00, and was accused of having filed a complaint from D on May 31, 2016, with the falsity that D abused and injured the Defendant.

1. On July 26, 2016, Defendant A received a written complaint from the public service center of the Ulsan-gu Police Station in Ulsan-do, Ulsan-ro, 35-gil, Ulsan-ro, 25-ro, 35, from the police officer in charge of the public service of the public service center of the Ulsan-nam Police Station in Ulsan-do, Seoul-ro, Seoul-ro, 2016, stating that “Defendant D assaulted the complainant on or around October 2015, and inflicted assault upon the complainant at the Esing room on or around November 2015, Defendant A received the complaint.”

8.9. Around October 2015, the above police station received an investigation as a complainant’s qualification, and stated to the effect that “Defendant D, a party to the defendant, committed assault by drinking from GDao-gu, Ulsan-gu, Seoul-gu, by the complainant’s head at the time of the complainant’s head, and around January 5, 2016, Ulsan-gu, U.S. H, a party to the defendant, committed double gambling in need of two weeks of treatment when the complainant’s head was taken out by drinking in Esing rooms operated by the complainant at Ulsan-gu, Ulsan-gu, U.S. H., and thus, punished for Defendant D.’s complaint.”

However, there was no fact that D used to assault or injure the defendant.

As a result, Defendant A made a false accusation for the purpose of having D receive criminal punishment.

2. Written perjury (Defendant A);

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