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(영문) 부산지방법원 서부지원 2018.01.25 2017고단1392 (1)
무고
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was a person who overallly operated B, and C managed the employees as the head of the responsibility of B under the employment of the Defendant, and D managed the mobile phone sales in B by taking charge of the Defendant and C’s instructions.

in that case, he had worked in the above B

On November 27, 2015, after E was removed from the above B, the Defendant, and C, while working in the Ulsan Branch Office of the Busan Regional Labor Agency, ordered the Defendant to make a false report on the fact that E was stolen from the cell phone received from the customer, and D conspired to attend the investigative agency and make a statement in accordance with the above direction.

After that, on April 7, 2016, D submitted the details of mobile phone theft by reporting to the effect that “A, while on duty in E, a mobile phone was stolen by customers while serving in the Busan City's Office Police Station located in 264, as the superintendent of the Busan's Office, reported to the effect that “A, while serving in B operated by this E, would have been punished.”

However, in fact, the mobile phone details submitted by D were only sales details of the mobile phone with E for a period of 36 months, but they were not stolen.

Accordingly, the defendant, D, and C conspired to report false facts to public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning examination of the suspect of a prosecution against D or C;

1. A criminal investigation report (a copy of a case of occupational breach of trust against E, the records of the relevant case);

1. Application of Acts and subordinate statutes on groupF letters;

1. Relevant Article of the Criminal Act and Articles 156 and 30 of the Criminal Act concerning the selection of criminal facts;

1. Articles 157, 153, and 55 (1) of the Criminal Act mitigated by law;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The criminal justice function of the State is the crime of false sentencing under Article 62-2 of the Social Service Order Act.

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