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(영문) 부산지방법원 2015.08.26 2015고단1766
무고
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On November 5, 2014, the defendant had a non-name-based administrative secretary prepare a written complaint against C at the office of mutual influence in the vicinity of the Busan Jung-gu Police Station as the center of Busan Jung-gu.

The defendant's complaint was that "the defendant needs to freezing from the complainant on or around January 18, 2010, and 20 million won, and the credit card amount of the employee of the defendant patrolman on March 2010 is required, while he borrowed 11 million won from the defendant patrolman on or around March 2010, but he did not repay it, so he would be punished for fraud."

However, on January 2010, the Defendant was to import ccuador from Ecuador as a member of the business with C in order to bear half the expenses, and transferred 20 million won to C at the same time under the pretext of expenses, etc. necessary for the proceeds from the cuador, and C used the above money as agreed with the Defendant, and there was no money to be received from C, and there was no money to be received from C, and there was no money to be lent 11 million won to C.

Nevertheless, around November 5, 2014, the defendant submitted the above complaint to the Busan Central Police Station civil petition office around November 5, 2014 in order for C to complete the complaint due to the suspicion of deception of the import price.

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of a protocol of suspect examination of police officer C;

1. Copy of the police statement against the defendant;

1. Copy of the complaint;

1. Application of Acts and subordinate statutes to each investigation report (D phone statements for reference and D phone statements for reference 2 times);

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act for the detention of the workhouses committed the instant crime during the period of repeated crime, but the Defendant is starting to commit the instant crime when it comes to this Court.

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