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Reasons
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(영문) 창원지방법원 통영지원 2017.08.10 2017고단471
무고
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is married around November 11, 1992 with C and is divorced on January 12, 2017.

On November 18, 2016, the Defendant prepared a complaint to the effect that “Around April 1, 2014, the Defendant made a report of business closure in the name of the Defendant in the name of the E (belled) located in Sung-si, Sung-si, Sung-si, Sung-si, Changwon-si, the Defendant made a report of business closure in the name of the Defendant at will, using the name and seal of the Defendant, and submitted it to the competent tax office and made a report of business closure, and changed the name of the business operator in the name of the Defendant and punished, regardless of the Defendant.”

However, the Defendant agreed to change the registration of the above E in the name of the Defendant from February 2014 to the name of the Defendant, and agreed to prepare documents necessary for changing the name of the business operator including the closure report using the Defendant’s seal imprint, etc., and C did not arbitrarily prepare and submit the closure report under the name of the Defendant.

Nevertheless, around November 8, 2016, the defendant submitted the above complaint to the police officer in charge of the fire at the Busan East Police Station located in the Dong-gu Busan Metropolitan City, Dong-gu, Busan Metropolitan City, to the police officer in charge of the fire.

In this respect, the defendant made a false accusation for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement made by the prosecution against the accused, and a written examination of the suspect;

1. A protocol concerning the interrogation of each police suspect with regard to C;

1. Statement made by the police against the defendant;

1. Each report on investigation;

1. Complaint;

1. Application of C’s written laws and regulations

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the Defendant’s recognition of the instant crime, the accusation case against the victim seems to be terminated as the victim’s absence of suspicion, and the dispute between the Defendant and the victim is all settled.

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