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(영문) 의정부지방법원 고양지원 2017.09.28 2016고정1220
무고
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 15, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Seoul Southern District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and the judgment became final and conclusive on November 22, 2016.

On June 3, 2015, the Defendant lent KRW 20 million to the Southern Detention House located in Guro-gu Seoul Metropolitan Government, “In the circumstances where money is needed for the complainant A’s business, B, on November 23, 2014, leaving BMW vehicles and tran vehicles as security at C cafeterias.

On January 2015, a complaint was prepared to the effect that the two vehicles were provided as security, but the vehicle did not return money until now, and thus punished.”

However, in fact, the Defendant requested B to provide B with the vehicle as security, and requested B to use BMW vehicles and twit vehicles as security and purchase 20 million won for the Internet horse. There was no fact that B did not lend money from the Defendant as it did not return the vehicle provided as security even if the Defendant did not return the vehicle provided as security.

Nevertheless, for the purpose of having a criminal punishment imposed upon B, the Defendant prepared a complaint containing false facts, and received them by mail to the Seoul Guro Police Station.

Summary of Evidence

1. Statement made to A by the police;

1. A protocol concerning the examination of each police officer in relation to B or D;

1. Complaint;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history, case search, and copy of judgment;

1. Relevant Article 156 of the Criminal Act concerning the facts constituting an offense, Article 156 of the Criminal Act selecting a fine, and the choice of

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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