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(영문) 수원지방법원 안산지원 2016.11.25 2014고단3052 (1)
무고
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant invested funds necessary for boiler production and took office as the representative director of E Co., Ltd. established by D while running boiler installation business in the manner of D’s business, and, as a result, the stomato inflict damage on the air condition due to the defect of boiler installed in F’stoma farmers, the Defendant decided to compensate for KRW 130 million in consultation with F and D on February 15, 2013, and prepared a notarial deed with the same content.

However, upon F’s failure to repay the above debt, F’s seizure of the Defendant’s monthly-class passbook based on the above notarial deed, the Defendant asserted that E did not have installed a boiler in F’s farm, and raised a false complaint to exempt the Defendant from the Defendant’s obligation.

On January 14, 2014, the Defendant: (a) prepared a written complaint at the public service center of the Dong-dong Police Station in the Dong-dong Police Station in the Dong-dong, Dong-dong, Dong-dong, Dong-dong, Daejeon, stating that “A Co., Ltd., E does not have installed a boiler on F’s farm, in spite of the absence of the fact that the boiler was installed on F’s farm, and prepared a notarial deed and seized A’s passbook on the basis of the receipt of a written statement about KRW 130 million compensation for crop damage caused by boiler defects; and (b) stated on January 24, 2014, that “A would be subject to punishment.”

Accordingly, the defendant filed a false complaint and filed a false complaint.

Summary of Evidence

1. Defendant's legal statement;

1. The entry of each part of the witness F, D and G in the fourth trial record;

1. The police statement of the defendant;

1. A complaint;

1. Application of the Acts and subordinate statutes concerning text message photographs and Kakao Stockholm conversations;

1. Relevant Article 156 of the Criminal Act and Article 156 of the Criminal Act concerning criminal facts, the selection of fines and the selection of fines;

1. Mitigation of self-denunciation: Articles 157, 153 and 55(1)3 of the Criminal Act;

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