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Reasons
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(영문) 수원지방법원 여주지원 2017.06.12 2016고정400
무고
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Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Part of the facts charged was revised to the extent that it does not harm the defendant's right of defense.

The Defendant, at the Leecheon Police Station, which was located in Leecheon-si, Leecheon-ro, 32 on May 17, 2016, is a receipt for the Defendant D’s lawsuit for the purpose of having a criminal punishment. “A receipt for the Defendant’s lawsuit is the lower part of the standard loan transaction contract for the Defendant’s loan transaction contract on April 19, 2013.

“A” means the receipt of the original cash (including the interest on the previous loan), and “A” means the forgery of a private document, the exercise of a false investigation document, and the fraud of a lawsuit.

The phrase “this Agreement” submitted a written complaint to the effect that he/she is, from May 23, 2016 to July 19, 2016, is a document that the Defendant was not aware of, and a written statement was forged by D with respect to the entire text of this Agreement, which was written from May 23, 2016 to July 19, 2016.

“.........”

However, in fact, on April 19, 2013, the standard contract for lending transaction was not forged by D, but the defendant borrowed money from D around April 19, 2013, and the defendant himself/herself stated the name, resident registration number, address, and loan column, and the defendant was well aware of such fact.

Accordingly, the Defendant, as seen above, brought D without prison labor for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police and suspect examination of the accused by the prosecution;

1. Two-time suspect examination protocol against D (including part concerning the statement of the defendant);

1. A complaint, a standard contract for each loan transaction, and a written statement (documents submitted by a complainant);

1. Application of the Acts and subordinate statutes to a criminal investigation report (Attachment of documents concerning suspect submission);

1. Relevant Article 156 of the Criminal Act concerning the facts constituting an offense, Article 156 of the Criminal Act selecting a fine, and the choice of

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

1. The assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act.

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