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(영문) 대구지방법원 2019.02.14 2018고단5455
무고
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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 April 9, 2018, the Defendant, at the “C” office of the Defendant’s operation in Yongcheon-si B, prepared a false complaint against D using a computer for the purpose of having D punished criminal punishment.

A written complaint stating that “E (D after the opening of the name) can have the Defendant receive a contract for the construction of an officetel if he/she lends the proceeds for the commencement of the construction work, and would repay the borrowed amount after the commencement of the construction work,” which is the content that “E (D) would punish the Defendant for having received a total of KRW 45 million from the Defendant from September 17, 2014 to October 2, 2014, but did not return the borrowed amount without the commencement of the construction work.”

However, in fact, the Defendant: (a) decided to undertake construction works on a condition that 200 million won should be lent to F (the State), which is the executing company of the said officetel; (b) however, (c) failed to prepare KRW 200 million on the agreed date; and (d) requested D to deliver KRW 80 million to F (the State); and (c) the Defendant only remitted KRW 45 million to D in order to repay the said debt to D; and (d) there was no fact that D had by deceiving the Defendant to receive KRW 45 million.

Nevertheless, on April 9, 2018, the defendant submitted the above complaint to the police officer who is unable to know his name in the Daegu Dong-dong Police Station civil petition office of the Daegu Dong-dong Police Station in the Daegu Dong-gu.

Accordingly, the defendant reported false facts to public offices for the purpose of having D punished criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspects of D by the prosecution;

1. Statement of the police statement of the defendant;

1. Details of transactions by complaint book and account;

1. Application of Acts and subordinate statutes to criminal investigation reports (Hearing of G Statements for Witnesses);

1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the selection of punishment;

1. Articles 157, 153 and 55 (1) 6 of the Criminal Act for mitigation of confessions;

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

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