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(영문) 서울서부지방법원 2018.10.11 2018고단669

무고

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The Defendant was accused of fraud in relation to the acquisition of Btel sales rights as collateral with the Btel sales rights while acquiring and operating C corporation with the introduction of D, but D did not make any statement favorable to himself/herself in the case.

1. On August 11, 2015, the Defendant filed a complaint with the general public service center of the Seocho-gu Seoul Metropolitan Government Office of Public Prosecutor’s Office, stating that, in fact, the Defendant: (a) purchased officetels H H, I, and paid KRW 200 million from G operating the company F, a private individual in charge of Btel; (b) provided that “D sold Btel H and I units on February 19, 2009; (c) obtained a total of KRW 200 million per officetel; and (d) obtained a charge by defraudation of KRW 100 million per officetel.”

In this respect, the defendant made D's accusation for the purpose of having D receive criminal punishment.

2. On October 4, 2016, the Defendant: (a) at the general civil petition office of the Seoul Central District Public Prosecutor’s Office; and (b) at the Seoul Central Public Prosecutor’s Office (“Seoul Central Public Prosecutor’s Office”), the facts do not require D to acquire 20% of the company’s shares without compensation in return for introducing the acquisition of C Co., Ltd. to the Defendant and E; and (c) even though the Defendant transferred KRW 76 million to D to D, the Defendant did not lend it to D for the purpose of J acquisition funds, etc., the Defendant would offer KRW 400 million if the Defendant would offer KRW 20 million of the company’s shares around December 201.

The complaint was submitted to the effect that it acquired shares equivalent to the same amount, and that D borrowed money without any intention or ability to repay it, and that D borrowed a total of KRW 76 million from the defendant and without changing it, so that it would be punished for fraud.

In this respect, the defendant made D's accusation for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Legal statement of the witness D;

1. Prosecutions against the Defendant.