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(영문) 대구지방법원 2018.06.29 2017고단6661
무고
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 3, 2017, the Defendant: (a) submitted a complaint to the civil petition office of the Gyeongsan Police Station, the effect that “C and the complainant shall enter into a contract for the lease of the commercial building of 41,50,000 won each month and 2,50,000 won each without a deposit agreement, and C shall not have paid the deposit to the complainant; (b) the receipt on July 7, 2010, stating that C paid the deposit to the complainant; (c) the receipt on July 12, 2010; and (d) the receipt on May 9, 201, sent it to the civil court of the Daegu District Court; and (d) made a false statement to the effect that “The receipt on October 25, 2017, 201,” and (d) made a false statement from the Daegu District Public Prosecutor’s Office 231, 364, Daegu-gu, Daegu District Public Prosecutor’s Office, 231, 2018.”

However, on March 28, 2010, the Defendant entered into a contract with C to receive KRW 3 million and monthly rent of KRW 3 million, and received KRW 500,000 as a security deposit on the same day from C. On July 7, 2010, the Defendant received KRW 2 million as a security deposit, KRW 500,000 as of July 12, 201, and KRW 500,000 as of May 9, 201, and signed on the receipt directly by the Defendant, and signed on the receipt directly on March 28, 2010, and signed on the lease contract as of May 18, 201.

In this respect, the defendant brought a criminal punishment against E and C.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police interrogation protocol regarding E or C (including part concerning the questioning of the defendant);

1. Each police statement made against the defendant or C;

1. Application of Acts and subordinate statutes of Part III of a complaint, two receipts, and a real estate lease agreement;

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

1. Selection of imprisonment with prison labor chosen;

1. Reduction of confessions under the Criminal Act;

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