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(영문) 수원지방법원 2013.06.12 2012고단3477
무고
Text

A defendant shall be punished by imprisonment for four 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 September 7, 2010, the Defendant purchased a secondhand car from D representative director of the Dispute Resolution Co., Ltd and the general director E, and received a loan as security, and made an investment in the Dispute Resolution Co., Ltd., and offered the said car as security by borrowing KRW 10 million from H on December 13, 2010 on the due date for payment of the loan from F to purchase a car in the name of the Defendant G with a premium rate of KRW 30,000 per annum, and then borrowing KRW 10,000 per annum from H on the terms of interest rate of KRW 10 per annum.

On June 22, 2010, the Defendant filed a false report with the Gyeonggi-gu Gyeonggi Police Station located in Gyeonggi-do, which stated that “G that the vehicle was stolen in front of the I Apartment-gu, Gyeonggi-do, the Gyeonggi-do Office of Gyeonggi-do, 538, on the ground that the vehicle was stolen in front of the I Apartment-gu, the Defendant was punished.” The Defendant made police officers who may not know of the fact to prepare a theft incident report and an electronic data processing application, and made the Defendant enter false facts into the police vehicle data processing system, thereby having the police officers search the relevant vehicle across the country, and had K and Ha, who operated the said vehicle, and sold the said franchise, enter the fact that the Defendant was stolen, into the stolen vehicle data processing system, thereby having the police officers search the relevant vehicle.

As a result, the defendant had no known person for the purpose of being subject to criminal punishment.

Summary of Evidence

1. Statement of the accused and L in the second trial records;

1. The statements of witnesses and H in the third trial records;

1. The application of Acts and subordinate statutes to prepare and report written statements and recording records prepared by the defendant;

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Determination of the defendant and defense counsel's assertion under Article 62-2 of the Criminal Act of the community service order

1. The defendant's summary of the argument.

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