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(영문) 광주지방법원 2014.05.15 2013고정1749
무고
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 6, 2013, the defendant had an employee in non-name work at the office of the Gwangju Northern Police Station located in Seo-ro 172, Seo-gu, Gwangju, Gwangju, make a written complaint about C.

On September 29, 201, the accusation states that “A defendant C, who was the defendant, lent money to the complainant on September 29, 201, to return within ten (10) days if he/she borrowed the money to go and purchase high-quality domestic steel bars,” and that he/she received KRW 23 million immediately from the complainant.”

However, in fact, the defendant did not lend the above money to C, but was subrogated to C as the price for steel delivery upon D's request, so C was well aware that there was no obligation for C to return the above money to the defendant.

Nevertheless, on March 8, 2013, the Defendant submitted a false statement to the police officer in name in order to have C receive criminal punishment from the Gwangju Mine Police Station located in 551 as the fishing ground, Gwangju Mine District, etc., and filed a false statement with C.

Summary of Evidence

1. C’s legal statement;

1. Statement of the second protocol of examination of suspect to the defendant by the prosecution;

1. Application of the Acts and subordinate statutes to the written complaint filed by the defendant

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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