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(영문) 창원지방법원 통영지원 2017.09.04 2017고정255
무고
Text

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

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

Reasons

Punishment of the crime

On December 21, 2016, the Defendant submitted a written complaint to the Busan High Police Station located in 111, Busan High-ro, Busan High-ro, Busan High-ro, Busan High-ro, 111, the Defendant filed a written complaint to the Defendant Nonparty C, and on the same day, in making a written statement at the economic crime investigation of the above police station and the economic 5 team office, the Defendant, the Defendant, as the Defendant, as the Plaintiff, was delegated by the owner, even though he did not receive delegation from the owner of the house, in making a sublease on the instant house located in Gyeong High-gun, Gyeongnam-gun (hereinafter referred to as the “instant house”).

It stated to the effect that 4.9 million won was punished because the right to collateral security was established without notifying that the right to collateral security was established.

However, on November 15, 2016, the fact that the Defendant entered into a contract on collateral on the instant housing with C, and at the time C was connected to the owner of the instant housing and the Defendant’s human telephone conversations, and confirmed the Defendant’s consent to the right directly from E, and even though C was notified that the right to collateral security was established on the instant housing, C did not request C to return the down payment due to changes in mind, but C did not return the down payment.

As a result, the defendant brought C with the aim of having C be subject to criminal punishment.

Summary of Evidence

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

1. Protocol concerning the examination of suspect C by the prosecution;

1. Statement of the police statement to the defendant or E;

1. Complaint;

1. Report of investigation (the statement of suspect C currency) (the defendant and his defense counsel did not have the scope of accusation against the defendant;

The argument is asserted.

The criminal intent in the crime of false accusation is not necessarily required to be a conclusive intentional but is also sufficient for dolusent intent. Therefore, the crime of false accusation is established by reporting the fact that the reporting person is not true, and it does not require conviction that the reported fact is false.

(c).

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