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(영문) 창원지방법원 2014.09.24 2014노1178
무고등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for one year;

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is determined by submitting a false complaint to the effect that the defendant was entrusted with the lending and collection of funds from D, and D was fully repaid with the loan from D, and that "the above loan was not repaid in excess of KRW 200 million, and the joint guarantor of the above loan and the surety F acquired pecuniary profits by deceiving D in order to evade the repayment obligation with respect to the above loan obligation," and that "D was obtained pecuniary profits by deceiving D in order to evade the repayment obligation with respect to the above loan obligation." The defendant tried to have D as the plaintiff, E, and F, the defendant, as the defendant, tried to mislead the court of the claim for the loan obligation by filing a lawsuit seeking the payment of the above loan obligation, and he was present as a witness on the date for pleading of each civil case concerning the above loan obligation, and provided a false statement contrary to his memory.

The crime of false accusation is not only a serious crime that interferes with the proper exercise of the state's criminal or disciplinary right, but also causes suffering and danger of illegal criminal or disciplinary punishment. Perjury is a serious crime that interferes with the state's appropriate exercise of judicial power, damages people's trust in justice and trial, causes unnecessary litigation and judicial expenses, and thus is highly harmful to the State and society. Therefore, it is necessary to punish it heavyly. The victim F is present at an investigative agency and investigated by the defendant due to the crime of this case. The victim F and E suffered enormous mental and material suffering over a long period of time, such as facing the risk of actual damage, as the defendant in a civil lawsuit seeking monetary payment, and E wanted a serious punishment of the defendant.

However, the defendant confessions all of the crimes of this case and reflects them, and this case.

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