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(영문) 수원지방법원 여주지원 2015.09.04 2014고단547
업무상배임등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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 2, 2013, the defendant prepared a false complaint against D with the intention of having D receive criminal punishment.

A written complaint states that "The defendant-appellant D was issued an apartment bond of an amount equivalent to KRW 250 million at the market price from the complainant around March 2007 on the pretext of solicitation or good offices for the public officials related to the civil procedure, etc. of the complainant, and was punished for violating the Attorney-at-Law Act on four occasions from September 24, 2009 to May 3, 201," and that "D did not request or offer to the public officials related to the trial, and there was no fact that it received the above apartment in return, and part of the above amount was paid at the attorney's expense, and part of the remainder was paid with part of the existing loan credit that D had against the defendant."

Nevertheless, at around 15:00 on August 2, 2013, the defendant submitted the above written complaint to the employees whose name cannot be known at the public service center of the Seoul Dong-dong's Seoul Dong-dong, Seoul.

In this respect, the defendant was arrested for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Prosecutors' office and police suspect interrogation protocol concerning D;

1. The police statement of the defendant;

1. To enter in and present the written complaint;

1. Application, etc. for registration of right transfer on a sectioned building;

1. Each judgment;

1. The loan certificate;

1. Application of Acts and subordinate statutes (No. 2013No. 32962);

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 157, 153 and 55 (1) 3 of the Criminal Act for mitigation of confessions;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. According to the evidence submitted by the prosecutor on the reason of sentencing Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Probation Act.

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