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(영문) 부산지방법원 2013.09.05 2013고정3420
무고
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On January 19, 2011, the Defendant prepared a false complaint with respect to B with the aim of having B receive criminal punishment from an unclaimed land.

The criminal complaint statement "B, around July 2010, stolen a cash card of the complainant B and withdrawn KRW 2.2 million, and stolen a cash account of KRW 5 million in the complainant's house." There is no fact that B stolen a defendant's child card or stolen a cash account of KRW 5 million in the defendant's child card.

Nevertheless, on January 21, 2011, the Defendant submitted a written complaint stating the above contents by mail to the above police station, and on January 31, 2011, at the investigation of the Busan Jin Police Station and the Economic Three Team Office, the Defendant made a statement to the Superintendent C with the same contents as the written complaint.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Application of Acts and subordinate statutes to receipt civil petitions;

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;

1. Articles 157, 153, and 55 (1) 6 (Confession) of the Criminal Act, which are statutory mitigation;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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