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(영문) 부산지방법원 2014.07.24 2014고정1830
무고
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Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On December 17, 2013, the Defendant filed a complaint with the public service center of the Busan East Police Station in Busan East-gu, Busan-gu, stating that “A”, “B”, “B”, and “U.S. District Court 2013Gabuso16957, the Defendant filed a false report on the forgery of a private document by submitting false evidence to the court on May 25, 2013, and thereby, intended to obtain a favorable judgment in favor of the Defendant and obtain pecuniary benefits from the Defendant.” Thus, the Defendant filed a complaint with the public service center of the Busan East Police Station in Busan-dong, Busan-gu, and submitted a false report on the forgery of a private document and the fraud of a lawsuit, which is punished in accordance with the law, and subject to P.S. time-based investigation.”

However, in fact, the defendant borrowed KRW 1,00,000 from B on May 25, 2013, and only prepared a cash custody certificate of KRW 1,000,000 in the name of the defendant on May 25, 2013 and delivered it to B under the name of the defendant, and there was no forgery of the said cash custody certificate.

As such, the Defendant committed an act for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

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

1. An investigation report (related reports, including three originals, etc. of cash storage certificates);

1. Written notification of the results of written appraisal and written appraisal;

1. Notice of the results of seal appraisal and written appraisal;

1. Documents, appraisal results, notification and appraisal report;

1. The application of Acts and subordinate statutes to the complaint and accompanying materials;

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, 153, and 55 (1) 6 (Confession) of the Criminal Act, which are statutory mitigation;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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