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(영문) 청주지방법원 2014.07.17 2013고합44
무고
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From December 2, 2008 to November 28, 2012, the Defendant is a person who actually operates C, a corporation located in Gyeyang-gu, Gyeyang-gu, Gyeonggi-do.

On May 21, 2012, the defendant requested the employees E to prepare a written complaint against D in order for D to be subject to criminal punishment at the above C office, and submitted the above written complaint to the public service center of the Goyang Police Station on the same day.

The contents of the complaint are as follows: "The above promissory note (F) issued by C without any authority by the defendant D was exercised at will by changing the face value and time of payment of the promissory note (F) issued by C without any authority." However, the above promissory note was revised directly by the defendant.

Nevertheless, the defendant had E, who is unaware of the circumstances, prepare and submit the above false accusation statement, thereby allowing D to go throughout seven times from that time to July 27, 2012, as shown in the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused and D by the prosecution;

1. E prosecutorial statement;

1. Reporting on investigation (report on suspect interviews);

1. Application of the Acts and subordinate statutes to each complaint filed, a copy of each promissory note;

1. Relevant Articles of the Criminal Act and Article 156 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Scope of recommending punishment according to the sentencing guidelines: Imprisonment with prison labor for not more than one year (decision of a type), high-ranking crime group, general closed-end (type 1): Reduction factors (generally increased): Confession (generally increased person): Expression of false facts (Scope of recommending punishment) and statement of false facts below one year (Mitigation of mitigation); and

3. Determination of sentence: Imprisonment with prison labor for not less than eight months and suspension of execution for not more than two years;

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