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(영문) 창원지방법원 2014.10.31 2014고단2218
무고
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On October 25, 2013, the Defendant was sentenced to imprisonment with prison labor and three years of suspension on February 26, 2014 at the Changwon District Court for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.), and the said judgment became final and conclusive on February 26, 2014. On March 26, 2014, the Defendant was sentenced to two years of suspension of execution on October 3, 2014, and the said judgment became final and conclusive on April 3, 2014.

On November 22, 2013, at the original public prosecutor's office, the Defendant directly prepared by the Defendant at the original public prosecutor's office of the original public prosecutor's office, submitted a letter of borrowing KRW 70 million against the Defendant Defendant C, and the Defendant’s complaint borrowed KRW 70 million from the Defendant’s complainant. The Defendant filed a false complaint against the Defendant with the content that the complainant forged the above loan certificate. As such, the Defendant filed a false statement of forgery of a private document with the content that the complainant forged the above loan certificate, which states that “The Defendant punished the Defendant as a crime of false accusation.”

However, in fact, the defendant has forged the above C et al. loan certificate in order to acquire the above money from the above C.

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Evidence list Nos. 1 to 5, 8, 13, 14, 16, 18, 23, and 24 submitted by the prosecutor;

1. Before judgment: Application of the above evidence list Nos. 18-20

1. Article 156 of the Criminal Act applicable to the crimes;

1. Selection of a selective fine for punishment (the fact that the defendant is in confession and reflect, and the defendant is punished as a crime of fraud or uttering of a falsified document in connection with this case, considering that the defendant was sentenced to a suspended sentence of imprisonment with prison labor under an agreement with C which is the victim and the crime of false accusation in this case was committed before the above

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

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

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

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