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(영문) 전주지방법원 군산지원 2013.05.02 2013고정239
무고
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Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 21, 2012, the Defendant was sentenced to the imprisonment with prison labor for a violation of the Petroleum and Petroleum Substitute Fuel Business Act at the Jeonju District Court on June 21, 2012 and the said judgment became final and conclusive on March 8, 2013.

Around November 17, 2011, the Defendant prepared a complaint stating that “B makes false remarks that he/she reads that he/she reads it on the Internet side on November 15, 201, which he/she received 2200 million won as the price for solid goods on November 16, 201, and has been punished because he/she received 2220 million won as the price for solid goods,” and submitted the above complaint to an employee who is not in the name of the above police station, and made a false statement to the same effect after being investigated by the complainant at the above police station investigation and the intelligence team office around the 18th of the same month.

However, the defendant only remitted C's money to B for the purpose of acquiring C's money together with B at the time, and there was no fact that B acquired money by deceiving the defendant as above.

Accordingly, the defendant was made without the purpose of having the above B receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning D and B;

1. Each police statement of the defendant and E;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to a report on investigation (a letter of cancellation of complaint);

1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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