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(영문) 부산지방법원 2017.04.20 2017고단559
무고
Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

On December 2, 2016, the Defendant submitted a written complaint to the public service center of the Busan Dong Police Station located in the city of Busan Dong-gu, Busan, as the center of Busan, on December 2, 2016, to the effect that “the Defendant Party B, who was the Defendant, was holding another person’s vehicle as his/her own vehicle and did not repay the vehicle to another person, thereby punishing him/her as a crime of fraud because he/she did not repay the vehicle to another person’s vehicle as security,”

was stated.

However, in fact, the defendant did not lend 3.5 million won to B as security the vehicle.

As a result, the defendant filed the above false facts with B for the purpose of having the above criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect B by the prosecution (A confrontationment);

1. Application of Acts and subordinate statutes to the head of a complaint and cancellation thereof;

1. Article 156 of the Criminal Act concerning the facts constituting the crime;

2. Selection of a elective fine for a punishment (the considerations that reflect it);

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

4. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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

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