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(영문) 수원지방법원 안산지원 2015.03.10 2014고단2619
무고
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 2, 2013, the Defendant drafted a false complaint against E and F with a view to having the E and F subject to criminal punishment.

A written complaint contains related parts, such as “A, the complainant, is the representative director of G Co., Ltd., and two strings, two strings, two strings, one strings, and one strings, and one strings in the above G factories. On May 9, 2012, the Defendant E, the person in charge of G’s operation, even though he/she was aware that the above machinery was owned by the complainant, he/she disposes of the above machinery through the Defendant F, and embezzled it by arbitrarily consuming it through the Defendant F, and the Defendant F, the above machinery was owned by the complainant, and acquired it with knowledge of the fact that the complainant’s permission was not granted,” and the content or fact that “The Defendant, in order to raise funds necessary for the management of G, agreed to lend the above machinery to E, in accordance with the agreement, intended to sell it, and agreed to directly use the machinery at the price of G.

Nevertheless, on February 4, 2013, for the purpose of having E and F subject to criminal punishment, the Defendant submitted a written complaint to the public service center of the Suwon District Public Prosecutor's Office located in the Dongwon District Public Prosecutor's Office located in the 73-ro, Ansan-si, Ansan-si, and submitted the above complaint to E and F.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each prosecutor's statement concerning E and F;

1. The application of Acts and subordinate statutes to complaint letters, written agreements, specifications of transactions of enterprises, and joint business agreements;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act, the Act on Probation, etc.;

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