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(영문) 부산지방법원 2017.07.20 2017고정139
무고
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On August 30, 2016, the Defendant: (a) at the Busan Coastal Police Station located in 26, Busan, the Busan, Seocheon-gu, Busan, and the Defendant and his wife agreed to lay underground the drainage system of the building that was newly built in the land owned by the Defendant and D’s joint owners; (b) in return, the Defendant agreed to bear the costs of fire-fighting, electricity, telecommunication, and LED’s cost, etc., of the building owned by the Defendant; (c) however, even though the Defendant agreed to bear the costs of the fire-fighting, electricity, telecommunication, and LED’s cost, the Defendant forged each letter of consent under the name of the Defendant, A, and D, as he did not consent to the underground drainage system without any consent; and (d) submitted it to the Busan, which was subject to the permission, and made a supplementary statement at the same police station around September 2, 2016.

In this respect, the defendant made a false accusation against E for the purpose of having the criminal punishment imposed.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E, H and I;

1. Application of each written consent (the 4th, 5th, 23th of the investigation record), summary of the investigation record (the 25th page of the investigation record), and statutes of the agreement (the 26th page of the investigation record);

1. Article 156 of the Criminal Act applicable to the crime and Article 156 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In full view of the following circumstances, it is sufficient to recognize that the Defendant was making a false accusation of E in spite of having consented to the preparation of each written consent by the Defendant and his/her spouse, as stated in the judgment, even though he/she consented to the preparation of each written consent by the Defendant and his/her spouse. Thus, the facts charged in the instant case are found guilty.

The Defendant stated to the effect that, in the initial accusation and police investigation, the Defendant did not agree to install the drainage facilities of other buildings on the land owned by the Defendant and D in Busan Metropolitan Government (hereinafter “G land”), but the drainage facilities should be installed after the investigation by the prosecution.

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