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(영문) 부산지방법원 2018.11.06 2018고단1840

무고

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 10, 2017, the defendant prepared a false complaint about B at a name-free administrative office near the Busan Seo-gu Office, and submitted the complaint to the public official in charge of the name-free public service at the public service office of the Busan Seo-gu branch office located in Gangseo-gu, Busan.

A written complaint was prepared on March 28, 2013, and delivered to E a written contract to sell the commercial building for KRW 385 million to E with the qualification of an agent of the complainant at the office of the certified judicial scrivener in charge of the operation of the defendant's office, without having been entrusted by the complainant with the authority to prepare a sales contract with respect to selling the commercial building owned by the complainant (A) to E (hereinafter referred to as "the commercial building in this case"). On March 222, 2013, the defendant's office prepared a contract to sell the commercial building for KRW 385 million to E with the qualification of the complainant's agent, and the contract was embezzled on March 28, 2013, with the delivery of KRW 30 million from E and the intermediate payment of KRW 80 million on March 28, 2013."

However, in fact, B was delegated by the Defendant to sell the commercial building of this case as an agent and delivered the contract lawfully to E. Upon receiving the down payment and intermediate payment from E, and paid 10,207,150 won in total, including the overdue water rate of 24,107,150 won, the overdue electricity rate of 30,310,000 won, the loan interest of 3,310,000 won, the unpaid payment of 20,000,000 won, and the boiler repair cost of 3,00,000,000 won, on behalf of the Defendant after prior consultation, and was not embezzled at will.

In this respect, the defendant committed a criminal punishment against B for the purpose of having B punished.

Summary of Evidence

1. Legal statement of witness E;

1. Statement of examination of the witness to the F of this court;

1. A protocol concerning the examination of suspect to the prosecution of some part of the defendant (including the confrontation part);

1. Application of the Acts and subordinate statutes to a complaint, a letter of confirmation (No. 29,37 No. 5 of the evidence list);

1. Criminal facts;