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(영문) 부산지방법원 2014.01.24 2013고정4292
무고
Text

The defendant shall be innocent.

Reasons

1. On January 10, 2013, the Defendant: (a) prepared a false complaint with respect to C using a computer at the office of “Korea-dong Certified Judicial Scriveners” in front of the Busan Dong-dong Busan District Court; and (b) submitted the complaint to police officials at the public service center of the same police station on the same day.

The main purpose of the above complaint is that “C is to exercise the right and duty in the Jung-gu, Busan, on September 16, 201, on the mutual column of the site for the report of closure of business without authority,” D’A’ in the representative column, “A” in August 25, 201, indicating “A’s business progress among the grounds for closure of business,” stating “A’s name in the reporter column,” and signing on the name next to the report to the public official in charge of the report of closure of business (hereinafter “the report of closure of business”).

However, the facts were that the defendant was in de facto marital relationship before C, and the above "D" or "the workplace of this case" or "the workplace of this case".

C is not a forged and used of the report of the closure of business as it only agreed to the report of the closure of business to C, which was the actual business operator, and it was expressed to the purport that C agreed to the report of the closure of business.

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

2. Determination

A. The Defendant asserts to the effect that, inasmuch as it is true that C did not have any authority to prepare and use a report on discontinuance of business under his name, the Defendant consistently with the investigative agency to the present court, and that it did not report false facts.

B. The crime of false accusation is one of the false facts reported by another for the purpose of having a criminal or disciplinary punishment imposed upon him/her.

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