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(영문) 춘천지방법원 강릉지원 2015.01.21 2014고정542
무고
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who has worked for the same workplace as a volunteer in B (32 years of age, South) and B (2398-10, Gangnam-gu, Gangseo-gu, 2398-10, and C in the same workplace.

When the defendant works together with B, when he/she uses his/her credit card, he/she used the credit card, and then ceases to perform his/her business without obtaining approval, and the location of B becomes unknown, the defendant prepared a false complaint with the intent of having B receive criminal punishment from the civil petition office of the 377 Gangnam Police Station, around September 13, 2014, with the intention of having B receive criminal punishment.

The criminal complaint statement "B, the complainant B, who took off on August 27, 2014, used the cards of the complainant B, so that they could be punished," and the facts were that the defendant lent his own cards to B, and that B did not have stolen the credit cards of the defendant.

Nevertheless, on September 12, 2014, the Defendant submitted the written complaint prepared by the public service center of the 377 Gangnam Police Station as above to the police officer assistantD working for the criminal police station and the criminal support team of the 377 Gangnam Police Station, and filed the complaint with B.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

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

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;

1. Articles 157 and 153 of the Criminal Act for mitigation of confessions;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the fact that the defendant recognized his mistake and repented, the first offender, and the circumstances leading to the crime of this case were to find B. The defendant led to the confession of the crime of this case and constitutes the grounds for necessary mitigation or exemption, and the defendant's age, character and conduct, family relation, circumstances leading to the crime of this case, and the subsequent progress, etc. shall be determined as the sentence as per the disposition.

It is so ordered as per Disposition for the reasons above.

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