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(영문) 대구지방법원 2018.12.11 2018고단3466
무고등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant had worked at the construction site around May 2017, when he had failed to comply with the settlement of the construction price with C and the above construction price.

D propose D that “I will receive 50,000 won by receiving construction cost from E in response to the statement that I would not receive wages because they did not receive money in cash,” and D consented thereto, and the Defendant conspiredd to file a false complaint against E along with D.

On May 10, 2017, the Defendant appeared with D and submitted a complaint to the Employment and Labor Agency of Daegu-gu, Daegu-gu, Daegu-gu, 231, and D, upon the Defendant’s instruction, “E, who was the representative director of D, was the lowest contractor among the Defendant’s direct contractors, and was punished and submitted to the said Daegu-gu local Labor Agency.”

On the same day, the Defendant continued to undergo an investigation with D along with D on the part of the labor supervisor F, a special judicial police officer, at the above Daegu Regional Labor Office’s office, and D stated to the effect that “E did not receive wage of KRW 4,940,000 from the Defendant, and E did not pay wages even if it was obligated to pay wages as the Defendant’s direct contractor, so it would be subject to punishment.”

However, in fact, since D had already received wages from the Defendant, the above E had no obligation to pay wages to D, and the Defendant was well aware of this fact.

After all, the defendant conspired with D for the purpose of having E receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of D’s Acts and subordinate statutes on the complaint;

1. Relevant Article of the Criminal Act, Articles 156 and 30 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment].

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