(영문) 대구지방법원 서부지원 2015.08.21 2015고정440

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 서부지원 2015.08.21 2015고정440

무고

Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On May 13, 2013, the Defendant prepared a false complaint against C with a view to having C (the age of 36, South) who is the Defendant, receive criminal punishment.

On January 7, 2013, when the complainant did not have the intention or ability to perform the elevator construction work, C, which is the defendant's complaint, concluded a contract with A to perform the elevator construction and remodeling work for the 75,00,000,000,000 won, which is the complainant, and acquired by fraud the amount equivalent to the above amount due to failure to complete the construction work, such as failure to operate the elevator even if it was paid in full by April 17, 2013, even if it was paid in full the construction cost of 85,00,000 won.

However, in fact, the Defendant did not pay C part of the construction cost for the above elevator work, and the above elevator construction cost of KRW 20 million claimed by the Defendant was not the construction cost for the above elevator but the construction cost for another construction site for the Daegu-gu E Corporation, Daegu-gu, which is another construction site of the Defendant. Thus, the above written complaint was not true.

Nevertheless, on May 14, 2013, the Defendant submitted a complaint stating the aforementioned false facts to the person in charge of receipt of the complaint who is unable to know his/her name at the 259-gil, the Yongsan-gu Incheon Metropolitan Police Station civil petition office, which was located in the 259-gil, in order to not pay the construction cost properly on the ground that the elevator does not work normally, and filed the complaint with C.

Summary of Evidence

1. C’s legal statement;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement to C by the police;

1. A copy of the police statement of the accused;

1. A copy of the complaint prepared by the defendant;

1. Notice of reasons for non-prosecution and records of non-prosecution cases and copies of a written decision not to prosecute;

1. Copy of the mediation protocol (2013da 17968, 24270) for the branch court of the Daegu District Court;

1. E.

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