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(영문) 대전지방법원 2020.12.18 2019고단3665
무고
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 20, 2018, the Defendant prepared a false complaint with the aim of having C be subject to criminal punishment in the residence of the accused in Daejeon Seo-gu, Daejeon, with the aim of having C be subject to criminal punishment.

The gist of the accusation states that “A person who purchased a container from C to 1.2 million won, and C made it false for him/her to use the warehouse of the first floor of another building free of charge for five years instead of continuing to use the above container, and that he/she allowed C to use the above container free of charge, but C cannot use the above underground floor warehouse, unlike the promise of C, and thus, he/she has acquired profits from using the above container free of charge.”

However, on March 1, 2018, the Defendant purchased a container from C for the purpose of using it as a warehouse for the registration of the water-tank cleanup business, and became unable to make the cleaning business registration because it was impossible to save the site of the container, upon requesting C to assist C to grant a lease contract to the first floor warehouse in the form of C, and allowing C to temporarily use the above first floor warehouse only a day when a public official inspects, and the Defendant did not substantially rent the first floor warehouse without compensation for five years.

Nevertheless, on November 21, 2018, the Defendant sent the above complaint to the Sejong Police Station at the post office located in the Sejong Sejong Police Station, and around December 3, 2018 and around March 10, 2019, the Sejong Police Station made a statement with the same content as the above complaint.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. The defendant's interrogation protocol (including the part concerning the statement of C) of the prosecutor's protocol against the defendant (including the part concerning the defendant's statement) is accompanied by the attachment of text messages sent by the complainant, the copy of the document submitted by the complainant, and C.

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