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(영문) 대전지방법원 천안지원 2016.06.30 2016고단634
무고
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, from around September 2, 2014 to around November 25, 2014, obtained a delivery of 100 million won from around October 22, 2014 to around November 25, 2014 under the name of “to provide a large amount of profit if he/she invests money in Gangwonland,” and thereby, the Defendant was sentenced to imprisonment with labor for a crime of fraud from the Daejeon District Court Branch of the Daejeon District Court on February 18, 2016 to the same year.

3. 8. The above judgment was finalized.

On the other hand, on January 21, 2015, the Defendant was assaulted on the ground that the Defendant did not pay KRW 100 million from D, and around January 29, 2015, D was willing to be relieved of being punished for fraud by filing a false accusation against the Defendant by fraud, as if D had committed an indecent act by force.

Accordingly, on February 2, 2015, the Defendant drafted a false complaint against D using a computer with the assistance of a police officer for the purpose of having D obtain criminal punishment from the police station in the Donan-dong Police Station in Yan-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Seoul, Seoul, with a view to having D obtain criminal punishment.

The criminal complaint filed by Defendant D, the Prosecutor of the Republic of Korea from September 17, 2014 to December 26, 2014, was prepared with D’s false statement in order to escape D from being punished for fraud, instead, that D did not commit an indecent act by force, because D did not have any indecent act by force.

Nevertheless, on February 2, 2015, the Defendant submitted a complaint stating the above falsity to the public official in charge who is unable to know the name at the police station south-dong Police Station in Yancheon-dong.

Accordingly, the defendant reported false facts to public offices and made a false accusation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the defendant (including a substitute part of examination);

1. Written petition of D;

1. A criminal investigation report (a criminal complaint concerning A's accusation and suspicion).

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