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(영문) 의정부지방법원 2018.08.31 2016고단4851
무고
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 19, 2010, the Defendant: (a) made a self-written check at C&D points in Namyang-si, Namyang-si; (b) deposited a copy of the check from E to 60 million won; and (c) deposited a copy of the check in FMA account in the name of the Defendant on the same day.

On April 2015, the Defendant filed a complaint with H on the following: (a) on the following grounds: (b) on November 23, 2015, the Defendant filed a complaint with the Seoul East District Public Prosecutor’s Office (“F Securities Officer H”) to transfer KRW 60 million from the said CFMA account to the said FF Securities CMA account; (c) on November 23, 2015, the Defendant attempted to file a complaint with H, who is an employee of the CF, to file a complaint with the Defendant.

On March 18, 2016, the Defendant, using a computer, prepared a written complaint stating that “When Defendant I voluntarily released KRW 60 million from the account of the complainant A, he/she was discovered to the complainant, he/she deposited only KRW 49 million into the above account of the complainant, and punished the remainder of KRW 11 million,” and submitted a written complaint to the public official in charge of name in the public service center of the Dong-gu Government District Public Prosecutor’s Office, which is located in Dong-dong, which is possible for the Government-si on March 18, 2016.”

In this respect, the defendant was made without the purpose of having I receive criminal punishment.

Summary of Evidence

1. Protocols of examination of witnesses of I and H among the protocols of second public trial;

1. A complaint (four pages of evidence records);

1. Application of the details of account transactions (Evidence No. 259), detailed statement of account transactions (Evidence No. 271 pages), statement of withdrawal (Evidence No. 273 pages), statement of check number (Evidence No. 274 pages), statement of account number (Evidence No. 274 pages), statement of account transfer (Evidence No. 277 pages), statement of account transfer (Evidence No. 286 pages), statement of account transfer (Evidence No. 292 pages of Evidence No. 292);

1. Determination as to the assertion by the relevant Article of the Criminal Act, Article 156 of the Criminal Act (U.S.) regarding criminal facts, the Defendant of the choice of imprisonment, and defense counsel

1. The Defendant received the said money as a check by withdrawing KRW 60 million.

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