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(영문) 부산지방법원 2017.08.10 2016고정2975
무고
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On July 1, 2015, the defendant prepared a false complaint against E using a computer from the defendant's house located in Busan Dong-gu, Busan, to use the computer.

The gist of the complaint was that "The defendant's tenant prepared and exercised a real estate transaction contract in the amount of KRW 950,000,000,000, G real estate owned by the complainant and the complainant's agent, who is not aware of the complainant's identity."

However, the fact was that the defendant entrusted E with the above real estate sale and purchase, and E prepared the above real estate sale and purchase contract with F as the defendant's agent.

Nevertheless, on July 3, 2015, the defendant submitted the above complaint to the officer in charge who is not able to know the name at the Busan Southern Police Station civil petition office, which is located in 81, a 319-day Busan Southern Police Station, according to the order of Busan, Nam-gu.

In this respect, the defendant made a false accusation against E for the purpose of having the criminal punishment imposed.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and I;

1. Second-time suspect examination protocol concerning E;

1. Application of each real estate transaction contract (14th, 40 pages of investigation records), each certified copy of each register (32 pages of investigation records), power of attorney (46 pages of investigation records), confirmation (45 pages of investigation records), and statement of account transactions in the E name (251 pages of investigation records);

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

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

1. Reasons for conviction under Article 334 (1) of the Criminal Procedure Act against the order of provisional payment;

1. The summary of the Defendant’s assertion did not delegate to E the right to sell the G site and the 5th floor building (hereinafter “instant real estate”) on the ground owned by the Defendant, and thus, the Defendant reported false facts.

shall not be deemed to exist.

2. Determination

A. According to the evidence duly adopted and investigated by this court, the following circumstances are revealed.

1) The Defendant on April 15, 2013.

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