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(영문) 창원지방법원 마산지원 2013.09.04 2013고단475
무고
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 3, 2013, the Defendant, at the Jeju District Court, sentenced one year of suspension of execution to six months for attempted larceny, was sentenced to imprisonment for the crime of larceny, and the said judgment became final and conclusive on the 11th of the same month. On November 24, 2010, the Defendant prepared a false complaint against C using a computer for the purpose of having C receive criminal punishment.

A written complaint states that "A defendant C lent a vehicle owned by the complainant in the vicinity of the Down-si, Changwon-si around September 18, 2010, but he/she embezzled because he/she did not return it, and thus punished."

However, in fact, the above vehicle was offered as security by the suspect by borrowing five million won from C, and C was not repaid the above loan from the suspect, and was disposed of as part of the exercise of the security right, and there was no embezzlement of the above vehicle.

In addition, the suspect was aware that he borrowed money from C to provide the said vehicle as security, not only prepared a transfer contract of claims, but also received authentication from a law firm outside and outside the country on each of the above statements.

Nevertheless, on November 24, 2010, the defendant submitted the above complaint to the police officer who was unable to know his name at the public service center of the Changwon Police Station in the Changwon-dong 911, Changwon-si, Dowon-dong 911 and filed the complaint with C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to copies of complaint;

1. Article 156 of the Criminal Act applicable to the crimes;

1. Statutory mitigation under Articles 157, 153, and 55 (1) 3 (i.e., mitigation of confession);

1. Article 62 (1) of the Criminal Act suspended execution (the fact that the victim is not subject to a criminal disposition due to the dismissal of this case, and the fact that the victim is recognized as committing the crime in this Act and is against the law);

1. Social service order under Article 62-2 of the Criminal Act;

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