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(영문) 광주지방법원 2014.07.15 2014고정160
무고
Text

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

Around April 2009, the Defendant paid KRW 51,50,000 to D, a creditor of C, at the request of C, to be paid to his/her female. After that, C brought a civil lawsuit against D who did not pay his/her fraternitys properly, but lost it, which led to the death of the Defendant.

On October 2012, the Defendant had a staff member in name in the B attorney-at-law office located in Gwangju Dong-gu, Gwangju, prepare a written complaint against C and D.

A written complaint was that “The defendant C and D conspiredd to invite the complainant to take over the cosmetic room, and acquired KRW 51.5 million from the complainant as the acquisition fund. On July 3, 2012, the defendant defendant D, a witness, present in the Gwangju District Court and presented the above-mentioned statement to “I do not have any fact that I recommended the taking over the cosmetic room, and 51.5 million won is not the fund for taking over the cosmetic room, and thus, I would be punished.”

However, in fact C and D did not encourage the defendant to take over cosmetics, and KRW 51,50,000,00 which the defendant remitted to D was not the cosmetics acquisition fund, but the defendant paid C's guidances to D by the agreement of the defendant, C and D, and therefore D's testimony was all consistent with the facts.

Nevertheless, around November 5, 2012, the Defendant submitted a false statement to the police officer under his name in order to have C and D receive criminal punishment through the employees of the above attorney-at-law office at the Dong-dong Police Station civil petition office of Gwangju Dong Police Station, and rejected C and D.

Summary of Evidence

1. Each legal statement of witness C and D;

1. A complaint;

1. A copy of the protocol of examination of witness and a copy of the written judgment (Gwanju District Court 2012Dadan18477); and

1. Application of Acts and subordinate statutes on the copy of the register of fraternity members, the copy of the certificate of borrowing, the copy of each letter, and the details of account transactions;

1. Article 156 of the Criminal Act as to the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

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