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(영문) 서울서부지방법원 2015.12.11 2015고정1619
무고
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Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On February 3, 2015, the Defendant, at the public service center of the Seoul Western District Public Prosecutor's Office, located in 174 as Mapo-gu Seoul Mapo-gu, filed a lawsuit against the Defendant for the claim for the return of loans, and prepared and submitted a complaint that “B, on May 2, 2014, appeared in and testified at the Seoul Southern District Court as a witness on the court of Seoul Southern District Public Prosecutor's Office to be exempted from the payment of the fees, “B, on July 2, 2005, asked the Defendant to provide the support of the attorney’s fees of KRW 10 million for the case in which the Defendant A is a creditor, and asked for the support of the attorney’s fees of KRW 10,000,000,000 for the case in which the Defendant had paid,”

However, it was clearly known that the Defendant’s testimony was not a perjury because B knew that the Defendant had paid the attorney fee of KRW 10 million on behalf of the attorney.

Nevertheless, for the purpose of criminal punishment against B, the Defendant submitted a false complaint against B and brought the complaint against B.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of prosecutorial statement concerning B;

1. Investigation report (report on telephone conversations of an attorney-at-law for reference);

1. A complaint, a copy of the agreement, and a detailed statement of transactions;

1. Application of Acts and subordinate statutes to the protocol of examination of witness (2013, 13048), a copy of the decision (2013, 13048, 2013, and a copy of the decision (2014Na30829);

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

1. Articles 157, 153 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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