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(영문) 인천지방법원 부천지원 2014.03.07 2013고정2058
무고
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On June 18, 2013, the Defendant conspired with C, and prepared a written complaint to the effect that “The Defendant F, the Defendant, borrowed 9.5 million won from the complainant (C) on January 23, 2013, and paid 9.5 million won until March 20, 2013, the Defendant did not pay the above money.” The Defendant and C also submitted the written complaint to the public service center of the Incheon Incheon Metropolitan Office of the District Public Prosecutor’s Office located in Seo-gu, Seo-gu, Seo-gu, Incheon, Seoul, and submitted the written complaint to the effect that “The Defendant would punish the Defendant as he did not have the intent or ability to pay the money at the time.”

However, the above F is a false accusation against the above F as the Defendant C did not receive money from the above F, and there was no fact that the F borrowed money from C. The above F borrowed money from the above F. The F.C. did not borrow money from the above F.

Accordingly, the defendant conspired with C to raise the above F in collusion.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and C;

1. A protocol concerning the examination of suspects of F or C by the prosecution;

1. A protocol concerning the examination of each police suspect with regard to F;

1. Application of Acts and subordinate statutes to accusation reports and investigation reports (Attachment of relevant fraudulent judgments, etc.);

1. Article 156 of the Criminal Act and Articles 156 and 30 of the Criminal Act concerning criminal facts, the choice of fines;

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 guilty of the provisional payment order and the Defendant’s false accusation of the reason for sentencing constitutes an important part that affects the establishment of fraud by relating to deception and disposal in fraud, and is merely an exaggeration of a part of the fact.

Since it cannot be said that it is not an important part to the extent that the establishment of a crime is affected or that it is not an important part, the defendant is recognized as an innocent crime.

provided, however, that in fact C.

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