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(영문) 의정부지방법원 2020.01.31 2019고단4318
무고
Text

A defendant shall be punished by imprisonment for six months.

However, 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

On May 2, 2018, the Defendant came to know of the fact that B had a bad faith relationship with the husband of the Defendant with C, which is the husband of the Defendant, and the fact that B was obtained by deception with the intent to file a false complaint with B, even though the Defendant did not lend money to B.

On October 12, 2018, the Defendant submitted a false complaint with respect to B to the Seoul Gangnam-gu Seoul Northern Police Station located in 406, Gangnam-gu, Seoul, Seoul, and on October 19, 2018, the Defendant appeared as the complainant at the investigation of the above police station and the D Team office and stated the false fact with respect to B to E.

The contents of the above complaint and the above statement were false to the effect that "B would make a profit if it lends money to A with a good investment source, and it would be punished because B received KRW 15 million from A around November 2017, and obtained KRW 20 million around December 12 of the same year, and the Defendant did not lend money to B.

Accordingly, the defendant was arrested for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to the account details, each financial transaction, each real estate lease contract, each investigation report (verification of a storage place for damage inflicted upon a complainant, hearing of a complainant's statement, analysis of B financial data on a complainant, and submitting a record of recording of a complainant's defense counsel);

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Articles 157, 153 and 55 (1) 3 of the Criminal Act for mitigation of confessions;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [the determination of types] shall be free from the scope of recommendations [the first category] general accusation (the special appearance person] - the mitigation element: the area of recommendations for self-denunciation and confession and recommendations.

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