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(영문) 청주지방법원 영동지원 2013.12.12 2013고단129
무고
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 2, 2013, the Defendant prepared a false complaint against E with the aim of having E receive criminal punishment from the “law firm friendship office” office located in each Incheon Dong-dong-dong, Chungcheongnam-do.

The gist of this complaint is that “Defendant E, who is the defendant, shall be punished for fraud, because he/she did not repay 24.6 million won, in spite of borrowing 12 times a sum of 12 times from the complainant, by making a false statement that he/she would be repaid if he/she lends his/her living expenses and repayment of debts from February 17, 200 to September 22, 2009.”

However, the Defendant, from October 2008 to September 2009, voluntarily donated the Defendant’s 24.6 million won under the pretext of living expenses to the Defendant’s her husband, who had the Defendant left her workplace on the premise of marriage between E and the Defendant’s her husband, and had the Defendant left her workplace.

Nevertheless, on February 2013, the defendant submitted the above complaint to police officers in the Dong-dong Police Station civil petition department in the Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Second prosecutor's protocol of examination of the accused;

1. E prosecutorial statement;

1. Statement to the prosecution of the F and the accused;

1. Copy of each protocol of suspect suspect of the police against E;

1. Copy of the police statement against the defendant;

1. A copy of the police statement concerning F;

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

1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by sentence: Imprisonment with prison labor for not more than ten years;

2. The scope of sentence recommended according to the sentencing criteria [the scope of sentence] the basic area (referring to the decision of the scope of sentence], general accusation (referring to six to two years of imprisonment] (whether or not a suspended sentence of imprisonment has been suspended] positive (the absence of criminal punishment, the social relationship is clear, and the detention of a defendant entails excessive difficulty to his/her dependants);

3. Determination of sentence: Imprisonment with prison labor for six months and one year of suspended sentence; and

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