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(영문) 창원지방법원 마산지원 2014.09.30 2013고정659
무고
Text

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

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

On November 2012, the Defendants drafted a false complaint with respect to E and F using a computer at the office of the head of the Dong-gu Police Station near the Dong-gu Police Station in the Gyeongnam-gu.

The gist of the accusation states, “F and E had attended the meeting of the board of directors of the clan on July 25, 2008, as if they had not attended the meeting of the clan on May 22, 2010, and as if they had attended the meeting of the general meeting, Defendant B and H who did not attend the meeting of the general meeting on May 22, 2010, prepared the minutes, signed and sealed the false minutes, and submitted them to the Tong branch support,” and the facts stated that H attended the special meeting of the clan Council of July 25, 2008, and signed, respectively.

Nevertheless, on November 21, 2012, the Defendants submitted the above written complaint to the police officer who is unable to know the name of the public service center of the Dongdaemun Police Station, which is located in the city of Chungcheongnam-do.

As a result, the Defendants conspired to commit a criminal punishment against E/F.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants and H

1. Statement to E by the police;

1. A complaint;

1. Minutes of July 25, 2008, minutes of the Giteracy General Meeting, and the list of persons present at the extraordinary general meeting;

1. Application of Acts and subordinate statutes to expert evidence I;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 156 and 30 of the Criminal Act

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Defendants who choose to impose punishment: Each selective fine

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

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

1. Defendant B who bears the cost of lawsuit: Article 186 (1) of the Criminal Procedure Act;

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