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(영문) 수원지방법원 안양지원 2012.03.21 2011고정1139
무고
Text

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

Around November 29, 2010, the Defendant: (a) at the “D Teaching School” operated by the Defendant (Seoul Seocho-gu Seoul Metropolitan Government Cbuilding 619); (b) at the “D Teaching School”; (c) at the “D Teaching School” operated by the Defendant (Seoul Seocho-gu Seoul Metropolitan Government C Building 619; (d) at the “E introduced middle and high school students to A; and (e) at the 50% of them received extra expenses, they made a verbal agreement with A at the intervals of A; but (d) at the “E introduced two persons to A, and received KRW 30-4 million per head, and delivered KRW 500,000 to A, but only KRW 200,000,000 to be given to A, it was removed; and (e) submitted a written complaint to the Seoul Central District Prosecutors’ Office on January 30, 2010, and received it by mail.

However, in fact, the above E received a total of 400,000 won from two students in excess, respectively, and the above E did not cease the Internet of A office.

Nevertheless, the Defendant submitted a complaint stating false facts as above for the purpose of having the above E subject to criminal punishment.

Summary of Evidence

1. Legal statement of witness E;

1. Each protocol of examination of the police officer's suspect against the defendant (including the E Statement);

1. Statement to E by the police;

1. Account details;

1. Application of a duplicate of each written complaint (No. 39 pages, No. 40 pages) to Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 156 of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. In the crime of false accusation for the conviction of Article 334(1) of the Criminal Procedure Act, the criminal intent is not necessarily required to be a conclusive intention, but is sufficient for dolusent intention.

Since the crime of false accusation is established by reporting the fact that the reporting person is true, it is not necessary to have conviction that the reported fact is false, and Supreme Court Decision 10 delivered on May 10, 1996.

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