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(영문) 서울북부지방법원 2015.11.26 2015고단3880
무고
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 2015, the Defendant prepared a false statement of complaint against C with a view to having C receive criminal punishment at the residence of Gyeonggi-gun, World Warman B, for the purpose of having C receive criminal punishment.

The complaint was filed on January 14, 2014 by Defendant C, a representative director, and C on each land located in Gyeonggi-gun, Gyeonggi-gun, and F, a company owned by the representative director, with the maximum debt amount of KRW 130 million, even though there was no evidence of borrowing KRW 100,000,000 from the loan to Defendant C, the document of establishing a mortgage was prepared, which was the cause of the loan, and the maximum debt amount of KRW 130,00,000,000, and thus, C arbitrarily completed the

"The content and fact that G had not completed the registration of establishment of a neighboring mortgage at will as the defendant prepared a loan certificate to secure approximately KRW 100,000,000, which was lent by G from the construction of the factory of the company at issue to C, and C had not completed the registration of establishment of a neighboring mortgage.

On July 1, 2015, the Defendant submitted a written complaint to the public service center of the Dongcheon Police Station located in the Gyeonggi-gu, Gyeonggi-do, Gyeonggi-do, Gyeonggi-do, and made a statement to the same effect as the written complaint at the Seocheon Police Station on July 6, 2015 and the Seoul Gangnam Police Station on August 12, 2015 and made a statement to the same effect as the written complaint.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The protocol of suspect examination of C by the prosecution (including the respective statements written by H, G, A, and I);

1. The police statement concerning G;

1. The police statement of the defendant;

1. Complaints of the accused;

1. Application of Acts and subordinate statutes to a report on investigation (attaching a statement);

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

1. Mitigation of self-denunciations under Articles 157, 153, 52 (1) and 55 (1) 6 of the Criminal Act;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: A fine not exceeding 7.5 million won;

2. The scope of recommendations according to the sentencing criteria shall be punished by a fine;

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