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(영문) 대구지방법원 포항지원 2018.06.15 2018고정150
무고
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 28, 2017, the Defendant prepared a false complaint with respect to C using a color pen with the aim of having C receive criminal punishment in an influenced place at a time below the port of port.

The accusation states that “the complainant has borrowed money from the Defendant C or prepared a borrowed document from the Defendant, the complainant, who is the complainant, submitted it to the court after forging the borrowed document under the name of the complainant, and, on January 23, 2017, filed a civil lawsuit against the complainant, and thus punished the complainant.” The Defendant borrowed KRW 10 million from C to have D prepare the borrowed document under his/her name, and then delivered the borrowed document to C. As such, C did not have any fact that the borrowed document under the name of the Defendant was forged or falsified was submitted to the court.

Nevertheless, on November 28, 2017, the defendant submitted the above complaint to police officers who are not aware of their names at the public service center of the Southern Port Police Station located in 55 South-gu, South-gu, South-gu, 2017.

In this respect, the defendant made a false accusation for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. Statement made by each prosecutor to the prosecution against D and the accused;

1. A protocol concerning the interrogation of suspect C by the police;

1. Each police statement made against the defendant, E, or F;

1. Application of Acts and subordinate statutes to a written complaint, complaint, loan certificate, written statement (G), or notice of results from disposition of an offense;

1. Relevant Article 156 of the Criminal Act concerning the facts constituting an offense, Article 156 of the Criminal Act selecting a fine, and the choice of

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

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

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