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(영문) 대구지방법원포항지원 2020.09.09 2020고정147
무고
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

Around December 12, 2019, the Defendant submitted a written complaint to the public service center of the Changwon Police Station in Changwon-si, the head of Changwon-si, to the effect that “B, who had liveded with B, entered into a siren agreement with C under the name of the Republic of Korea without the consent of the Republic of Korea, and prepared, forged, and exercised a siren contract.” On May 17, 2020, the Defendant was investigated into the investigation department and office of the Pohangbuk Police Station in the northwest-gu, the central office of the Posi-si, the Mapo-si, the Mapo-si, the head of which was 331, and stated, “B used C products while living with B, and later was a siren contract in the name of the Republic of Korea without the consent or permission.”

However, in fact, while living together with a woman-friendly woman B, the Defendant gave consent to leaving the air time, bed, and bet lease, etc. required for living in his/her name, and the account number in the name of the Defendant was also known to have been automatically transferred. As such, the Defendant did not arbitrarily forge the rental contract under the name of the Defendant, such as the above written complaint.

As a result, the Defendant reported false facts to public offices for the purpose of having them punished.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning B (including the defendant's statement part);

1. The police statement of the defendant;

1. A written complaint and an offender;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 156 of the Criminal Act and the choice of a fine for the crime, Article 156 of the Criminal Act;

1. Articles 157, 153, 52 (1) and 55 (1) 6 of the Criminal Act for mitigation of confessions;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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