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(영문) 서울동부지방법원 2013.06.25 2013고정1317
무고
Text

The sentence against the accused shall be 200,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

On December 14, 2011, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at Suwon District Court on December 14, 201, and on February 10, 2012, the said judgment became final and conclusive.

On July 26, 2010, the Defendant transferred B, as a security for transfer, C-Wz vehicles owned by the Defendant, with a loan of one million won.

However, around July 28, 2010, the Defendant filed a false report stating that “The Defendant, in the vicinity of the Songpa-gu Seoul Stambak-dong, 112 phone 112 phoneed from the Songpa Police Station D Zone D, Song-gu, Songpa-gu, Seoul, reported that “The Defendant, in the vicinity of the Tambling-dong, displayed a knife on the knife vehicle and stolen the vehicle into the toilet.”

Ultimately, the Defendant filed false reports with the intent to impose criminal punishment on bona fide acquisitors who acquired them from B and B.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the details of reports on theft and theft and 112 reported cases;

1. Article 156 of the Criminal Act and the choice of fines concerning the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. In light of Article 334(1) of the Criminal Procedure Act’s sentencing grounds B of the provisional payment order, the defendant filed a theft report on the wind that the defendant did not return the vehicle while the defendant received a loan from the defendant, and E who filed a false vehicle theft report along with the defendant was subject to the Punishment Act, although the defendant can be punished as a false accusation, the amount of the fine may be determined in accordance with the Punishment Act, considering that it is reasonable to determine the amount of the fine in accordance with the Punishment Act.

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