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(영문) 창원지방법원 2018.04.18 2018고정76
무고
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 7, 2016, the Defendant made a request to “F, G, H, and I, who is a public official in the non-permanent restaurant located in Changwon-si, Changwon-si, Seoul Special Metropolitan City, for the purpose of having C be subject to criminal punishment.” On June 7, 2016, the Defendant made a request to “F, G, H, and I, who accounts for a forest owned by A and a building on the forest under the jurisdiction of Changwon-si, and who newly built a building on the forest,” and granted a total amount of 30 million won on several occasions as a honorariums to punish public officials for the duties of public officials, and reached the public prosecutor’s office by mail as of June 8, 2016.”

However, even though the victim C did not offer a bribe in favor of the public officials such as F, the Defendant reported false facts to the public offices for the purpose of having C receive criminal punishment as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the defendant or C;

1. C, G, H, F, I Statements;

1. A complaint (the sequence 1, 18);

1. Full certificate of registered matters, decision on non-prosecution (type 18483, 2016), application of Acts and subordinate statutes;

1. Article 156 of the Criminal Act applicable to the crime and Article 156 of the Selection of Punishment Act;

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

1. The reason behind sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order requires strict countermeasures as serious crimes, such as preventing the appropriate exercise of the State’s penal authority and causing the risk of being unfairly punished to the other party.

Due to the defendant'sless act, the other party and related public officials suffered considerable damage such as receiving a bribe crime-related investigation.

On the other hand, the Defendant recognized the facts charged of the instant case and recognized the responsibility for its actions.

Defendant is punished for the same crime.

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