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(영문) 울산지방법원 2013.03.28 2012고정943
무고
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around September 15, 2011, the defendant had D prepared a false complaint stating that "A was serving as a witness for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (or No. 2008, No. 2008, No. 207, No. 207, No. 207, No. 21 of the Daegu District Court No. 2008, Dec. 3, 2008, the defendant submitted a false complaint to the Busan District Court on September 15, 201, which stated that "A would be punished for any violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (or No. 2008, No. 2008, No. 2007, No. 2106, No. 2016, No. 2016, Dec. 3, 201)" was false.

Summary of Evidence

1. Legal statement of witness D;

1. Statements made by witnesses G in the fifth trial records;

1. A complaint (Evidence Nos. 2);

1. Protocol of examination of witness (Evidence Nos. 3);

1. Application of A (Evidence No. 13) Acts and subordinate statutes;

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

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is not only to arrange FF loans from financial institutions by FF Construction Co., Ltd., a company that conducts construction business, unlike D's testimony, but also to conduct the business of authorization and permission and the business of selecting the contractor. As such, D's testimony to the effect that the defendant did not have worked as an employee of the above company is a perjury, and therefore, it does not constitute a false complaint if the defendant filed a complaint with D by perjury.

2. According to the evidence examined earlier, the Defendant is not an employee of F&D Co., Ltd., but rather an employee.

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