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(영문) 부산지방법원 2015.06.03 2014고정2530
무고
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On November 8, 2007, at the Busan District Public Prosecutor's Office civil petition office located in the Busan District Public Prosecutor's Office, at the Busan District Public Prosecutor's Office, the complainant "A" and the defendant's complaint "1. C;

2. D and the contents of the complaint “1. The complainant shall not prepare and deliver a letter of the same content as attachment of the complaint to the Defendant C on May 3, 2006.

2. Nevertheless, as the complainant prepared a letter accompanied by the completion of the contract and delivered it to the Defendant C, the Defendant D, alleging that the above letter was delivered to the Defendant C, and shipped it to the suit (Evidence No. 7-2) that a provisional injunction against the disposal of real estate between the complainant and the Defendant D was a lawsuit (Resan District Court 2007Kadan7046).

3. On the ground of the above, the complainant's accusation time is to ensure that the defendant at the defendant at the defendant's office realizing the strictness of the law.

‘The complaint' was submitted.

However, on May 3, 2006, the defendant prepared a letter of May 3, 2006, stating that "Y, H, I, and J 4 lots K, and L 6 lots (hereinafter "the real property of this case") shall be the termination date of the provisional disposition at the above page," at the F coffee shop located in Busan Busan-gu, Busan-gu, Busan-si, and that "M and A shall be the termination date of the provisional disposition at the above page."

Nevertheless, the defendant filed a false complaint with C and D for the purpose of criminal punishment against C and D, and filed a false complaint with C and D respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by C by a witness in the third protocol of trial;

1. Statement of witness N in the fourth protocol of the trial;

1. Examination protocol of the accused by prosecution;

1. Each police statement of C, N, or M;

1. Application of Acts and subordinate statutes requesting appraisal of documents, such as Busan District Court Decision, copy of complaint, copy of each letter, notice of reasons for non-prosecution, and written request

1. Article 156 of the Criminal Act as to the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;

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