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(영문) 전주지방법원 2017.05.02 2017고정80
무고
Text

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

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

Reasons

Punishment of the crime

On May 2016, the Defendant made a false complaint with respect to C at the law firm office located in the Seojin-gu Seoul Metropolitan Government Seojin-gu, Seoul Metropolitan Government.

The complaint is filed by the defendant, "The defendant's tenant is in need of money because it is difficult for the complainant to conduct his business in Frol stores operated by E in Full-time, Seoul Special Metropolitan City around September 1, 201.

The reason behind the loan of KRW 30 million was that the interest rate of KRW 5,00,000 shall be paid by December 30, 201.

However, in fact, since the defendant had intentionally accessed the complainant with no intention to repay the money from the beginning, he did not have any intention or ability to repay the money even if he borrowed money from the complainant.

Nevertheless, the defendant's complainant deceivings the complainant as above, and he was punished by deceiving 30 million won from the complainants by receiving 30 million won of the borrowed money from the complainants.

However, the Defendant did not have any factual difference with C, and borrowed money as security to the Defendant, who is the principal of C's number fraternity, in which C's friendship or E was a member of the number fraternity, and used that E's registration of the business operator of the clothes store operated by E is C, the Defendant borrowed KRW 26,278,00 after receiving a forged loan certificate under the name of C from E and deducting the deposit and interest from E.

Nevertheless, on May 26, 2016, the Defendant submitted the above written complaint to G from the Jeonjin-gu Police Station in the Jeonjin-gu Police Station in 299.

Accordingly, the defendant had the above C with the aim of having the above C punished criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The protocol of interrogation of each police officer in relation to E and C;

1. Statement made by the police against the defendant;

1. Complaint;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Article 156 of the Criminal Act applicable to the crime and Article 156 of the Selection of Punishment Act;

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

1. The order of provisional payment;

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