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Reasons
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(영문) 춘천지방법원 속초지원 2013.11.29 2013고정207
무고
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Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 28, 2013, the defendant submitted a written complaint to C prepared in the form kept by the public service center of the Seocho Police Station in the Seocho-si Office of the Seocho Police Station in the Seocho-si, Young-si, At the same time, to the police officer in charge of receipt of the complaint. At around 14:00 of the same day, the defendant made a statement to supplement the complaint from the investigation of the police station in the Seocho-si and the economic team office.

On September 1, 2009, the contents of the above complaint were that "C had not repaid money to the defendant and had escape from it so that it would be punished for fraud." When the above complaint supplement statement was made, the defendant lent KRW 7 million to the above D on September 1, 2009 as the condition that he would pay interest on the 5th of September 2009 and did not pay the principal."

However, in fact C borrowed 7 million won from the Defendant on the condition of paying interest at 12% per month, not a 5% per month, and C reached the total amount of KRW 9685,000 through KRW 13,500 (100,000,000,000 that the Defendant received as a notarized fee) in the name of interest on the borrowed amount of KRW 7 million from September 1, 2009 to September 4, 2010.

Nevertheless, the Defendant reported false facts with a view to having C receive criminal punishment as above.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution (including the statement part of the accused);

1. Each police suspect interrogation protocol against C (including the statement of the accused);

1. The police statement of the defendant;

1. Complaint;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to receipt of a statement of transactions of deposit passbooks from a complainant);

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;

1. Articles 157, 153 and 55 (1) 6 (Confession) of the Criminal Act for statutory mitigation;

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

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

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