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(영문) 서울동부지방법원 2015.05.28 2014고단1774
무고
Text

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

Reasons

Punishment of the crime

On December 6, 2013, the Defendant prepared a false complaint against C with a view to having C receive criminal punishment.

A written complaint stating that "A, who is the defendant, made a solicitation to an assistant officer working for the Prime Minister on May 2007, 200 in relation to the division of a marina building in Gangdong-gu Seoul Metropolitan Government D apartment complex, and punished for violating the Attorney-at-Law Act by receiving KRW 30 million from the complainant on May 201, 201." There was no fact that C received KRW 30 million from the defendant, and around that time, C did not receive KRW 10 million from the former shop owner, and C received litigation costs necessary for the revocation of the authorization for the establishment of a reconstruction association from E, the former shop owner, and received KRW 10 million from the defendant to request the defendant to do so.

Nevertheless, around 16:00 on December 6, 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.

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Statement made by C of a witness in the fifth trial record;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including the C’s statement)

1. Complaints of the accused;

1. Partial statement of the police statement against the defendant;

1. The police statement concerning F;

1. A copy of a statement of account transactions and receipts, copies of a copy of a receipt, additional reference materials, each document of account transactions in three names, nine copies of checks received from E, and each statement of transactions in the account of National Bank, Nonghyup Bank, Nonghyup Bank, and Saemaul Bank;

1. Application of Acts and subordinate statutes to investigation reports (including attachment, etc. of copies of suspect C examination records);

1. Relevant Article 156 of the Criminal Act and Article 156 of the Criminal Act concerning facts constituting an offense, and the choice of imprisonment and counsel;

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