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(영문) 인천지방법원 2018.04.26 2017고정2337

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 10, 2017, the Defendant borrowed money from the public service center of the Incheon local public prosecutor's office located in 49, Nam-gu, Incheon, Nam-gu, 163, to use the money with no intent to repay the money on May 3, 2016, and to repay the money immediately after 20 days.

A complaint was filed to the effect that the remittance of KRW 10 million was made, but that the remittance was not made, and that there was a request to punish B.

However, if the defendant remitted KRW 11 million to B on May 3, 2016, the defendant purchased the vehicle with the permission of the defendant for purchase of K7 vehicle after obtaining permission from the defendant while he was in operation of the defendant and was employed as a private employee from the "C" in the sale and purchase of the vehicle, and then transferred the vehicle to the defendant, and the defendant did not lend money to B.

Nevertheless, the defendant filed a false complaint against B with the aim of having B receive criminal punishment against B and filed a false complaint against B.

Summary of Evidence

1. Statement made by the witness D and B in the fifth public trial records;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the police against the defendant (the release of evidence No. 13);

1. The defendant asserts to the effect that the details of complaint, each passbook transaction, cell phone text details, and the automobile registration ledger (the defendant and his defense counsel claimed to the effect that the contents of complaint are true because they are loans to B.

However, comprehensively taking account of the evidence presented by the prosecutor, the money remitted by the defendant to B cannot be deemed as a loan, and rather, a certain arrangement (B) (in the event that used vehicles purchased in the name of the trading company operated by the defendant with the permission of the defendant are sold with profits of less than 20 million won, if the vehicle purchase price is less than 20 million won, the defendant gains profits from B, such as transfer cost and contract price, etc.

The profit accrued above 20 million won shall be divided into two half by the defendant and, if so, by the others.