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(영문) 서울중앙지방법원 2015.06.25 2015고단2663
무고
Text

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

except that 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

The defendant graduated from the Taekwondo Department at C University and is working as the D representative, an incorporated association from around 2007.

On October 19, 2010, the Defendant: (a) opened a bank account under the name of D at the nearest point of our bank; and (b) allowed E, a junior college, to use a passbook and an Internet banking password card (OPT card); (c) but, (d) decided to file a false complaint with the Defendant that E, not an incorporated association D, did not work for other Taekwondo organizations; and (d) the above E stolen the passbook under the name of D.

On January 2, 2015, the Defendant submitted a written complaint against the victim E at the public service center of the Suwon-si Office of the 120 World Cup, the Suwon-si Office of the public prosecutor's office of the public prosecutor's office of 120 World Cup, and on January 19, 2015, the Defendant made a supplementary statement from the 179 Seocho Police Station Criminal Division as the distribution of Seocho-gu Seoul Seocho-gu, to the effect that “E stolens the passbook from the Defendant's office in Seongdong-gu Seoul, Seoul, and then stolen the passbook from the Defendant's account (G) in the name of an incorporated association in the book to the Defendant's office in the Seongdong-gu Seoul, Seoul, during the period from October 19, 2010 to July 28, 2014.”

Accordingly, the defendant filed a false complaint for the purpose of having the above victim punished criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes to the defendant's complaint;

1. The reason for sentencing under Article 156 of the Criminal Code of the relevant criminal facts lies in the absence of any other criminal records other than those subject to suspended sentence, and they reflect their mistakes.

In addition, the sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, family relationship, family environment, motive and means of crime, and circumstances after crime, shall be sentenced to the same sentence as the disposition.

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