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(영문) 울산지방법원 2016.04.21 2015고단3383
무고
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On July 21, 2015, the Defendant: (a) had a fluorous person prepare a false statement of accusation against E in a fluorous memorial room located in Ulsan-gu, Ulsan-gu; and (b) had him prepare a false statement of accusation against E.

On May 17, 2014, the criminal defendant E, by deceiving the complainants as if they were married with the complainants, acquired 40 million won from the complainants' debts by depositing 40 million won in his/her own passbook on behalf of the complainants, and acquired 22 million won from the complainants as his/her passbook on September 17, 2014.

The contents and facts of “E” did not have received KRW 40 million from the Defendant’s obligation or received KRW 22 million from the complainants.

Nevertheless, on the 22th of the same month, the defendant submitted the above complaint at the Ulsan District Public Prosecutor's Office.

In this respect, the defendant made a false accusation against E for the purpose of criminal punishment.

2. On September 18, 2015, the Defendant: (a) had a Buddhist minister prepare a false statement of accusation against E in a Buddhist library located in Ulsan-gu New-dong, Ulsan-dong; (b) on September 18, 2015, the Defendant had him/her prepare a false statement of accusation against E.

On September 5, 2014, Defendant E received 4 million won from the complainant's debt in his/her own passbook on behalf of the complainant, and acquired it at will by using it, and on December 11, 201 of the same year, he/she acquired 10 million won from the proceeds of selling the vehicle owned by the complainant.

The contents of “E” and facts are as follows: “E was given 4 million won from the Defendant’s debt to the Defendant, and the Defendant did not arbitrarily use each of the above money, since the Defendant sold the said low-priced car and received the payment of KRW 10 million from the new high-priced car on behalf of E.

Nevertheless, the defendant submitted the above complaint to the public service center of the Namsan-gu Police Station on the same day.

Accordingly, the defendant has E criminal punishment.

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