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(영문) 청주지방법원 2013.10.17 2013고정439
무고
Text

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

If the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

On December 27, 2012, the Defendants prepared a false complaint with respect to F and G along with E, etc. at the Housing Association of the Young-gu, Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, with E, and had E prepare a false complaint with respect to F and G by using a computer installed in an unsound place.

The gist of the accusation states, “F and Defendant G as the chairman of the D Apartment Election Commission and the executive secretary, and without obtaining the consent of the candidates participating in the election at the representative election of each D apartment building occupant, which was conducted from around December 5, 2012 to December 6, 2012, and without obtaining the consent of the candidates, the “application for registration of candidates for representatives of each Dong” and “election publicity papers” containing personal information, such as the pictures, addresses, resident registration numbers, etc. of each candidate, were put in an envelope and distributed to apartment residents without permission.” The facts stated that F and G obtained prior consent from the Defendants to provide the “application for registration of candidates for representatives of each Dong” and “election publicity papers” containing personal information, such as pictures, addresses, resident registration numbers, etc. to the occupants.

Nevertheless, around December 28, 2012, the Defendants submitted the above complaint directly to the Cheongju District Public Prosecutor's Office's Office, which is located in 51, 70 Do-nam-ro, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju-do.

Accordingly, the defendants were arrested for the purpose of having F and G receive criminal punishment.

Summary of Evidence

1. Each legal statement of G and F;

1. Each prosecutor's interrogation protocol against the Defendants

1. Each prosecutor's examination protocol concerning G and F;

1. Application for registration of candidates for representatives for each building, publicity of candidates for representatives for each building, approval of candidates for representatives for each building and application of Acts and subordinate statutes on consent and written consent;

1. Articles 156 and 30 of the Criminal Act applicable to the crimes;

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

1. Selection of an alternative fine for punishment;

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

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

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