logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 경주지원 2013.10.30 2013고단568
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

On August 22, 2013, the Defendant, at the Daegu District Court, was sentenced to three years of suspension of execution for a crime of fraud in the year and six months, and the judgment became final and conclusive on August 30, 2013.

On July 25, 2012, the Defendant submitted a written complaint to the public service offices of the Daegu District Public Prosecutor's Office located in Dong-dong-dong-dong-dong-dong-dong-si, and stated on August 27, 2012 at the office of the Economic Team of the Daejeon Police Station. The purport of the complaint is that “Defendant was only registered as the representative director of each company C, D, and E, and did not actually participate in management. The Defendant conspired to transfer ten construction machinery owned by the said company to a third party by taking advantage of such circumstances, F, G, and H, and then, Defendant stolen the key of the construction machinery by forging the tax invoice and the construction machinery sales contract, etc. using the corporate seal impression of the said company.”

However, the F, G, and H used the corporate seal impression with the consent of the defendant and did not theft the above construction machinery.

Accordingly, the defendant raised F, G, and H without criminal punishment for the purpose of having criminal punishment imposed on him.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's interrogation protocol concerning F;

1. Statement to the prosecution of I;

1. Statement of the police against the defendant (No. 66-75 pages of the investigation record);

1. Each police interrogation protocol of G and H:

1. Each investigation report (at least 76 up to 129, 579 up to 589 pages)

1. Review of the results of cooperation in investigation;

1. A complaint (including attached documents);

1. Previous convictions as to racing support: Decisions 2015No. 1218, Daegu District Court Decision 2013No409, Supreme Court Decision 2013No409, Supreme Court Decision 2013No409,

1. Article 156 of the Criminal Act applicable to the crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 157, 153, and 55 (1) 3 (Confession) of the Criminal Act, which are statutory mitigation;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Prohibition against Article 62(1) of the Criminal Act, confessions and investigations by the prosecution;

arrow