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(영문) 대구지방법원 김천지원 2016.03.11 2015고정693
무고
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On July 1, 2015, the Defendant issued a written complaint to the Kimcheon Juvenile Prison in the Kimcheon-si, Kimcheon-si to the effect that “C, who became aware of the same room through the person in the same room, shall withdraw KRW 2.7 million from the NA’s account and shall request the agreement, and the above bank card shall be entrusted.” The Defendant: (a) written a written complaint to the effect that C, without permission within the Republic of Korea, withdrawn KRW 500,000 in addition to the above KRW 2.7 million and returned KRW 220,000,000 and used KRW 2.80,000 for personal purposes, which would be punished.”

However, the defendant was in the defendant account with C

3.220,000 won out of 3.22 million won was used as an agreed gold, and 300,000 won remaining after 2.22 million won was returned to the private house at its expense.

Nevertheless, on July 2, 2015, the defendant submitted the above complaint by mail to the public service offices of the Daegu District Public Prosecutor's Office Kimcheon Branch Office of the public prosecutor's office, and on July 14, 2015, the defendant stated the above false facts to the assistant assistant of the Kimcheon Police Station in the investigation room of the above Kimcheon Prison.

As a result, the defendant made a false accusation for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

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

1. Article 156 of the Criminal Act and the selection of fines concerning facts constituting an offense;

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

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment shall be determined like the order, taking into consideration the fact that the defendant is under 71 years of age, and that the defendant has no criminal record for the same kind of offense.

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