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(영문) 창원지방법원밀양지원 2020.09.08 2019고단617
무고등
Text

A defendant shall be punished by imprisonment for six 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 is a person operating a cafeteria in the “C” cafeteria B and the first floor, and the victim D is the owner of the said building, and the person operating the “E K Kinginging practice room” on the first floor of the said building, and the Defendant was demanded by the victim to leave the said cafeteria and was subject to a scambling lawsuit, etc.

1. On May 16, 2019, at around 14:55, the Defendant filed a report on May 16, 2019: “Around 15:22 of the same day, the Defendant: (a) the instant singing practice room operated by the said D contains one bottler; (b) the Defendant continued to open the instant restaurant operated by his/her own use of the gap in which D string the strings; (c) and (d) the Defendant had 7-8 alcohol canscrinks at the singing practice room, with 7-8 alcohol cans and the 5 strings; and (d) the general telephone installed at the said restaurant at around 15:22 of the same day, “Around 112, the Defendant filed a report on the instant restaurant.”

However, in fact, the above drinking in the singing practice room was brought by the defendant as above, and there was no fact that D at the time sold alcoholic beverages or attempted to do so.

Accordingly, the defendant reported false facts to obtain criminal punishment against D.

2. The Defendant interfered with business by making a false report to 112 at the date, time, place, as mentioned in paragraph (1) and at the above place, and let police officers belonging to the Singyang Police Station Sing-gu Police Station visit the said singing practice room in order to verify the details of the report by the victim and search the inside and confirm the facts against the customers, and eventually let the customers leave the room.

Accordingly, the defendant interfered with the victim's practice of singing practice room business by fraudulent means.

3. The Defendant: (a) the date and time set forth in Paragraph (1) and at the place mentioned above, using the gap in which the victim gets off, and (b) approximately 7-8 can cans without alcohol, which is owned by the victim in the instant singing practice room room.

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