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(영문) 대전지방법원 2016.01.07 2015고단2473
무고
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 20, 2015, the Defendant filed a complaint with the Busan Police Station, Daejeon, on the following grounds: “The Defendant entered into a contract to purchase KRW 1.85 billion D land in the Daesung-gu U.S., the complainant, and, in collusion with F, the Defendant E branch employees of the National Bank E branch employees of the National Bank in order to obtain a loan for the preparation of the purchase price, at the National Bank E branch offices of the National Bank E branch, on August 30, 2013, the Defendant filed a complaint to the effect that “The Defendant would investigate and punish the Defendant’s purchase price of KRW 2.2 billion after forging the real estate transaction contract.”

However, on August 30, 2013, the Defendant prepared the above contract, such as entering his name, etc. in the seller column of the real estate transaction contract in which the purchase price was 2.2 billion won, at the E branch of the Hansung-gu National Bank E branch in the Daedong-gu, the Defendant did not forge the real estate transaction contract which was 2.2 billion won for the purchase price.

As a result, the defendant reported false facts to the Daejeon Police Station, which is a public duty, for the purpose of having the above C and F punished punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect C by the prosecution (including the F and the part concerning each of the defendants);

1. A protocol concerning the examination of suspect of each police officer against C or F;

1. Statement made by the police against the defendant;

1. Each statement of F, G and H;

1. A complaint;

1. Each real estate transaction contract;

1. A copy of a trading contract;

1. Application of Acts and subordinate statutes on application for registration of transfer;

1. Article 156 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The crime of serving a sentence under Article 62(1) of the Criminal Act is a crime that infringes on the national legal interest, which is a proper exercise of the State’s trial function, and seriously threatens the legal stability of the person under consideration. However, even though the defendant has no record of punishment for the same kind of crime, it is generally contrary to the fact that the defendant has no record of being punished, the motive for the crime is partially reflected, and the defendant’s seal is partly considered.

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