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(영문) 대구지방법원 포항지원 2017.01.11 2016고단1019
무고
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On November 13, 2015, the Defendant, at the public service center of the south-gu Police Station in the south-gu Office of 55 Port: (a) prepared a false statement to the effect that “Defendant C shall open and sell two handphones in an amount equivalent to KRW 1.8 million,” and submitted it to employees in the name of the above public service center; (b) on November 18, 2015, at the D office of the Southern Port Police Station in the south-gu Office of the relevant public service center, the Defendant presented an identification card to “A to confirm whether it is possible to open and open a mobile phone from G operated in the North Port on July 20, 2015,” and (c) made a statement to the effect that C used the false statement to the effect that “A was punished for forgery by forgery, etc., of a mobile phone in the name of the Defendant (H and I) in the name of the Defendant).”

However, in fact, the Defendant filed an application for opening of a mobile phone directly to punish money by opening two mobile phones in his/her own name and selling it immediately, and then filed a false complaint as above to avoid paying the mobile phone charges, and C did not have opened two mobile phones thereafter.

In this respect, the defendant made a false accusation for the purpose of having C receive criminal punishment.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. A protocol concerning suspect interrogation of C by the prosecution;

1. Statement made to the prosecutor by the J;

1. Statement of the complaint filed and each police statement filed against the defendant;

1. A mobile phone opening contract and a claim for fees;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to text messages);

1. Article 156 of the Criminal Act applicable to the crime and Article 156 of the Selection of Punishment Act;

1. Articles 157, 153, and 55 (1) 6 of the Criminal Act to be mitigated by law;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following circumstances: (a) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (b) the circumstances after the crime.

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