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(영문) 부산지방법원 2018.06.20 2017고정1284
무고
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Around December 18, 2013, the Defendant filed a false complaint with the public service center of the inspection of the Busan Hadododododododododododododododo 665, and with the purpose of having C receive criminal punishment, “The Defendant C received KRW 200,000 from the complainant’s house located in the 20,200,000 won from October 18, 2013, with the aim of having C receive criminal punishment.” The Defendant filed a false complaint with the purport that “The Defendant C received KRW 20,000 from the complainant’s house located in the 20,200,000,000 from the complainant’s house located in Busan Hadodododo 201.”

However, in fact C was living together with the Defendant from November 201 to February 2013 and used the Defendant’s living expenses of KRW 200,000 to KRW 1 million per month. There was no receipt of money or embezzlement with the Defendant’s request for the custody of money.

Nevertheless, the defendant submitted a complaint prepared as above to the police officer under the name of the public service center, who was working in the public service center in Busan House.

In this respect, the defendant made a false accusation for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Statement made by C by the witness in the third public trial protocol;

1. Legal statement of witness E;

1. The protocol concerning the examination of the suspect of each police officer against the defendant or C (excluding the part concerning the statement of the defendant among the protocol concerning the examination of the suspect of the second police against the defendant);

1. Each police statement protocol against the defendant, C, and E;

1. Letters, letters, contents, and photographs;

1. Copy of the letter of transfer of the case;

1. Application of Acts and subordinate statutes to investigation reports (verification of the progress of civil procedures between the complainant and the suspect);

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

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

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

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