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(영문) 부산지방법원 2017.06.14 2017고단611
무고
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 2016, the Defendant, at the home of the Defendant in the Geum-gu, Busan, drawing up a written complaint against Da, who is outside of the Republic of Korea, with his or her mother, from his or her mother.

The contents of the complaint were as follows: "The complainant asked D to have custody of 20 million won out of the deposit money of 30 million won, which the complainant had been living in the past, after deducting the deposit money of the Busan Fung-gu E and 2th floor, which the complainant asked D to keep it, and embezzled at will, without giving up 0 million won. Around July 15, 2014, the complainant intruded the complainant's house without permission due to cerebrovascular, etc., and then illegally withdrawn the passbook and resident registration certificate, seal, and the password of the passbook, which caused the complainant's illegal withdrawal of 1.4 million won by collecting basic living cost, etc. by the complainant."

However, in fact, the defendant, who was the elderly living alone, was prepared by D all the house leasing funds, etc. which he had been living in the past, and the above 20 million won was owned by D, and around July 2014, the defendant was supported by F hospital at the time of his admission into F hospital.

D It is difficult for us to live

At the home, the Defendant asked D (the guardian at the time of the above hospital’s hospitalization) who is the guardian of the principal, who is the principal’s guardian, to make the key to the house, and asked D (the guardian at the time of the above hospital’s hospitalization) to make the key to the house.

Accordingly, G, like D, gave the key to the defendant's house to D, and D, upon receiving the key to the defendant's house, had the head of the Tong and the seal in the name of the defendant at the place where the defendant was informed of by entering the defendant's house, and then withdrawn 1.4 million won from the passbook in the name of the defendant.

Nevertheless, the defendant argued that the transfer money from D to D is the principal by advertising the change of the tenant's name of the deposit office from D to the principal, and had D receive it from D, and had D submit a false complaint for the purpose of having D receive criminal punishment. The defendant submitted a false complaint on June 28, 2016.

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