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(영문) 인천지방법원 2017.01.25 2016고단7137
무고
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Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates D in Seocheon-gu C.

Defendant 1 introduced the above D to the Defendant

E thought that it will help the defendant to operate D, but it did not help the defendant and caused difficulties in the operation of D, which led to appeal against E.

On August 30, 2016, the defendant prepared a written complaint to E at the defendant's house of Gangseo-gu Seoul Metropolitan Government F 301, in the future of the head of the Incheon Gyeyang Police Station.

A written complaint is that E around April 2013 well knows the defendant of "D operation methods."

It is intended to offer 17 million won to work every 3 days a week on the face of a week so that D may increase a large number of incomes by operating D in multi-stage ways.

“Along with the receipt of a remittance of KRW 17 million from the Defendant on April 5, 2013, it was the content that the Defendant deceivings the Defendant and defrauds the KRW 17 million, thereby punishing the Defendant as a crime of fraud.”

However, the facts were not true as above, E did not speak the Defendant, and the Defendant lent KRW 17 million transferred to E through E to G, a salt distributor, and was aware of all the facts pertaining to Defendant India, and even further, the Defendant was repaid by G three times from August 27, 2015 to February 16, 2016.

Nevertheless, the defendant newly submitted a false complaint to E prepared by the Gyeyang-gu Incheon Gyeyang-gu Incheon Gyeyang Police Station on the same day to the public service center.

In this respect, the defendant made a false accusation against E for the purpose of having the criminal punishment imposed.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 156 of the Criminal Act applicable to the crime and Article 156 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;

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