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(영문) 광주지방법원 2015.10.08 2015고정1335
무고
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant, from June 1992 to August 31, 2013, worked at C Saemaul Fund located in Gwangju as a transfer agent, etc. and then is currently employed as security guards.

On December 1, 2014, at the defendant's office located in Gwangju-dong, Gwangju-gu, a petition stating that "14,725,776 won, which was kept in the accounts of the Saemaul Depository (F) in the name of the petitioner A, was withdrawn without permission from the defendant's office of the defendant in the Dong-gu, Gwangju-gu, "(representative E)" was submitted to the public prosecutor's office of the Gwangju-gu public prosecutor's office located in the Dong-dong, Gwangju-dong, 342-1 on the same day.

On December 5, 2014, the above Gwangju District Public Prosecutor's Office appeared in the room of 424 of the above Gwangju District Public Prosecutor's Office, and stated that "E is the chief director of the Saemaul Treasury, and the employees were prohibited from withdrawal without permission as above, so strict punishment in accordance with the law."

However, the facts are as follows: (a) upon the request of the head of the Division G of the Korea Saemaul Depository G, which was known to the Defendant on September 6, 2013, the Defendant transferred KRW 9,00,000 out of KRW 14,725,776, which was kept in the said account under the name of the Defendant to another Korea Saemaul Depository account under the name of the Defendant; and (b) the remainder of KRW 5,725,776, which was deposited in cash, was delivered by the said Defendant from the said G.

Nevertheless, for the purpose of having the above E subject to criminal punishment, the defendant filed a petition containing false information to the public service center of the Gwangju District Public Prosecutor's Office, and made a statement to punish E according to the same written petition, and made the above E without prejudice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning G and H;

1. A written petition;

1. Application of Acts and subordinate statutes concerning transaction by account;

1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the selection of punishment;

1. Articles 157, 153 and 55 (1) 6 of the Criminal Act for mitigation of confessions;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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