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(영문) 부산지방법원 2014.11.27 2014고단5194
무고
Text

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

Reasons

Punishment of the crime

On March 11, 2014, the defendant submitted a false complaint to F at the public service center of the Busan District Public Prosecutor's Office located in Busan District Public Prosecutor's Office, and on March 25, 2014, written the same statement at the investigation department of Busan Central Police Station and the office of Busan Central

The contents of the complaint and the statement are as follows: "Around July 2008, F, the defendant defendant F, borrowed 15 million won from F," which was the name of the complainant, and the defendant F, submitted a forged cash custody certificate to Busan District Court on September 2008, and filed a lawsuit claiming the payment of 15 million won loan against the complainant."

However, the above cash custody certificate was prepared by the F with the consent of the defendant, and the F did not file a civil lawsuit while submitting a forged or forged cash custody certificate.

As a result, the defendant was arrested by F with the aim of having F punished criminal punishment.

Summary of Evidence

1. Each statement of witness F and G;

1. Partial statement of the suspect interrogation protocol of each prosecution against the accused (including each statement in the G and F);

1. Police suspect interrogation protocol regarding F;

1. The prosecutor's office and the police statement of the accused (including theF statement);

1. A complaint;

1. Copy of a certificate of cash custody;

1. A certified copy of the register and a copy of the decision of payment order;

1. Copies of trade books and briefs, respectively;

1. A letter of decision on provisional seizure or a copy of the judgment;

1. Application of Acts and subordinate statutes to investigation reports (investigation, etc. of G Telephones for Witnesses);

1. Article 156 of the Criminal Code of the relevant criminal facts provides that the defendant has had the record of punishment for the same kind of crime, but again committed the crime of this case, and the nature of the crime is not good, such as reporting false facts to escape his/her obligation. In addition, the defendant is decided as ordered in consideration of all the circumstances, including the circumstances leading to the crime of this case, the means, and methods.

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