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(영문) 부산지방법원 2018.05.11 2017고합319

무고

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

Around November 11, 2015, the summary of the facts charged was accused of 180,000 won fraud by C. On the other hand, the Defendant had a debt and had a risk of being accused of having already been accused of or being subject to a new complaint from other creditors. On November 19, 2015, the Defendant was aware that the victims E-and-child jobed by the Defendant was engaged in the debt collection business for a long time, and requested the victims to consult about the debt settlement and criminal case with the victim around November 19, 2015, while paying money to the victim in whole or in part.

At around November 30, 2015, the Defendant borrowed 3 million won from the injured party in the form of payment of the purchase cost of the vehicle, when purchasing a low straw in the name of his/her father G in the modern car F agency around November 30, 2015. On December 2, 2015, the Defendant borrowed 10 million won from the injured party on December 3, 2015 by requesting the injured party to deposit the vehicle as collateral, and then borrowed 10 million won from the injured party.

On July 2016, the Defendant received demand from the injured party to pay money, and the victim received from the Defendant to raise funds to investigation agencies, and filed a false complaint as if he/she were to receive from the Defendant, with the intent of raising funds to investigation agencies, with the intent of evading the above debt.

On August 16, 2016, the Defendant had his father G in Busan Dong-dong Police Station located in Busan Dong-gu, Busan Dong-dong, submitted a written complaint, and the content of the complaint is that “E, on November 30, 2015, the Defendant purchased vehicles under his/her husband’s name to the prosecutor’s office to reduce punishment due to a fine in connection with a criminal case under investigation, and changed the purchase of vehicles under his/her husband’s name.” The Defendant received from his/her husband a vehicle with low price of KRW 29 million in the market value of his/her father G in his/her name.”

However, in fact, the victim did not request the defendant to pay the vehicle or money for the purpose of the prosecution funds, and the defendant on December 2, 2015.