logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.05.17 2017고단545
무고
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On October 26, 2016, the Defendant prepared and submitted a false complaint to B to the public service center of the Busan Busan Police Station.

The criminal complaint was that "the defendant (the defendant) paid a penalty to the buyer and destroyed the contract because the private broker B did not inform the buyer of the fact of leakage while mediating a sales contract to sell the bath owned by the complainant B to the buyer C, and caused the client to make a false decision on important matters in the transaction of the object of brokerage by making false words, etc., and thus, the client (the defendant) paid the penalty to the buyer, and thus punished B as a violation of the authorized brokerage law."

However, in fact, B was informed of the buyer in advance, and the buyer was also aware of the fact of water leakage and entered into a contract with him, and the defendant was thought to be unable to have a director until then because he did not have enough time only one month from the date when he would make the bath bath to the buyer, the contract was terminated by requesting the buyer to terminate the contract first.

Nevertheless, on October 26, 2016, the defendant submitted the above complaint to the police officer who is not able to know his name in the public service center of the Busan Jin-gu police station located in 111 Doo-ro 6, Busan-gu, Busan-gu, Busan-do.

In this respect, the defendant committed a criminal punishment against B for the purpose of having B punished.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Investigation report (Telecommunications between D Purchasers C)

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 156 of the Criminal Act and the choice of punishment for the crime;

1. Articles 157 and 153 of the Criminal Act to mitigate confessions;

1. The reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] Article 62(1) of the Criminal Act refers to the following consideration: (a) the mitigation area (one month to one year); (b) the self-denunciation and confession [the person who has been specially mitigated] reflects the decision of the sentence]; and (c) the initial offender.

arrow