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(영문) 수원지방법원 2015.10.07 2015고정1788
무고
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

Around November 27, 2014, the Defendant prepared a written complaint against D, E, and F through the “C”, which is a branch office (C) around November 27, 2014, and submitted a written complaint to the head of the accusation, “The Defendant, D, E, and F, which is the 4th floor of the G building, was illegal business, where sexual traffic takes place only for the visually impaired, but the general public who is not the visually impaired, is operated, and sexual traffic takes place. As such, even if the right to operate is not taken over, it is false as if there is no problem even if it takes over the right to operate, and then, the Defendant took the charge of receiving KRW 15 million from the complainant as the contract deposit for transfer or takeover of the right to operate the Defendant, and then, on November 17, 2014, the Defendant took the charge of sexual traffic, which is not known in the public service center of the government prosecutor’s office, and on December 19, 2014, the said government police station and the Defendant 14.

However, the defendant was fully aware of the fact that sexual traffic is being conducted in the above businesses prior to the contract, such as taking over the above businesses and trying to conduct sexual traffic business.

As a result, the defendant reported false facts to D, E, and F for the purpose of having criminal punishment imposed.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of each police interrogation protocol against D, F, and E;

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 Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 157, 153, and 55 (1) 6 (Confession) of the Criminal Act, which are statutory mitigation;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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