logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.10.31 2017고정899
무고
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

[Criminal record] On April 6, 2017, the Defendant was sentenced to a suspended sentence of one year for fraud at the Ulsan District Court, which was sentenced to a suspended sentence of two years for fraud, and the judgment became final and conclusive on April 14, 2017.

[Criminal facts] On April 5, 2017, the Defendant prepared and submitted a false complaint with regard to B at the public service center of the Ulsan-gu Police Station in Ulsan-gu, Ulsan-gu, Seoul-ro, 620, and the defendant prepared and submitted a false complaint with regard to B.

The statement of the complaint was "(B) selling a vehicle owned by the Defendant in mind, so that it would be punished."

However, in fact, the Defendant borrowed money from B and entrusted C with the Defendant’s vehicle as security, and there was a fact that B allowed the disposal of the vehicle to demand the repayment of the borrowed money, and thus, B did not sell the vehicle owned by the Defendant, which was under the custody of B, in mind.

Nevertheless, the defendant, however, was sentenced to criminal punishment B for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecution and the police against the defendant;

1. A protocol concerning the interrogation of each police officer under B;

1. Statement made by the police against D;

1. A complaint and a letter of withdrawal;

1. A copy of the motor vehicle transfer certificate, a copy of the power of attorney for the registration of automobile transfer, and a copy of the consent to transfer;

1. A criminal explanatory note;

1. Previous convictions: The results of inquiry about criminal history, investigation report (a copy, etc. of the text of the judgment), and the text of the judgment [a defendant] that he/she did not report false facts against B;

However, the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, i.e., the defendant delivered the automobile transfer certificate, the power of attorney in the name of the defendant necessary for the application for the registration of automobile transfer, and the letter of consent for the transfer of the vehicle, etc. to B while delivering the automobile as indicated in the judgment to B (the defendant also was recognized as being investigated by the prosecution, and the 63th page of the evidence record), and ii the defendant under the cross-examination by the police.

arrow