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Reasons
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(영문) 울산지방법원 2016.09.08 2016고단1992
무고
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Defendant shall be punished by a fine of four million won.

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

Reasons

Punishment of the crime

On March 2016, the Defendant drafted a false complaint against C in order to prevent the transfer of C from the Ulsan Detention House to another prison with his or her name in the Ulsan Detention House located in the Blsan-gun, Ulsan-gun, Ulsan-do, to a third prison, and conspired to submit it to the Ulsan Police Station.

Accordingly, on May 5, 2014, at around 2, 2014, the person under whose name the victim’s name was dissatisfyed and delivered KRW 500,000 to the complainant (hereinafter “Defendant B”) a false statement to the effect that he/she would buy the North Korea within this frame if he/she had paid KRW 50,000 to the complainant.” On April 3, 2016, the Defendant: (a) made a false statement to the purport that “The complainant would buy the North Korea in this frame; and (b) made a false statement to the Defendant; and (c) made a false statement to the effect that “The complainant would have received KRW 500,000 from May 5, 2014 to the Defendant under the name of the purchase price for the North Korea in Ulsan-gu, Ulsan-gu, Seoul; but (d) made a false statement to the police station on May 26, 2016 to the effect that he/she would not return the North Korea.”

However, on May 5, 2014, the defendant did not have a line line of KRW 500,000 under the name of the purchase price for the Nowon-do.

Accordingly, the defendant filed a false complaint against a public office for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. The police statement of the defendant;

1. A letter of complaint and a letter of withdrawal;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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