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(영문) 인천지방법원 부천지원 2014.08.29 2014고단208

무고

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is the actual operator of “B”, which is a medium and medium-sized company, and the Defendant is the representative in the name of “B”.

피고인은 2012. 10. 30.경 서울 강남구 D ㈜E(대표이사 F) 사무실에서, 평소 알고 지내던 F가 우리파이낸셜㈜로부터 리스한 G 체어맨W 차량을 처분하겠다고 하자 피고인이 이를 인수하기로 하고 F와 “G 체어맨W 차량 1대를 매수하되, 피고인이 2013. 7. 13.까지 9개월간 남은 리스료(합계 16,947,000원)를 지불하기로 한다”는 내용의 계약을 체결하였고, 그 무렵 위 차량을 인도받았다.

However, even though the Defendant did not fully pay the lease fee on December 28, 2012, the Defendant called the Defendant to the Defendant to pay the Defendant KRW 10 million from the obligee H, and instructed the Defendant to the effect that “A like H, the Defendant provided the said vehicle to the lending business entity as collateral and received KRW 10 million loan.” On the same day, the Defendant: (a) received the said vehicle from the Defendant; (b) provided the said vehicle by the Defendant as collateral, and (c) provided the said vehicle as collateral with H, and (d) deposited the loan amount of KRW 10 million as the head of H’s passbook.

Since then, on the ground that the Defendant did not pay the lease fee and did not return the above vehicle, the Defendant was accused of embezzlement charge from the representative EF of the Dispute Resolution Co., Ltd., and the Defendant was the representative in the name of “B” in order to escape this charge, and the Defendant was willing to file a false complaint as if the Defendant had disposed of the above vehicle in the name of the Defendant.

On April 17, 2013, the Defendant, at the residence of the Defendant, Gangseo-gu Seoul Metropolitan Government I Apartment 110 Dong 704, the Defendant, for the purpose of having the Defendant be subject to criminal punishment. The Defendant, “The Defendant, on February 17, 2013, has a person who will take over the G WW vehicle with the Defendant, who will act as a broker.