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(영문) 서울남부지방법원 2016.07.12 2015고정482

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

Punishment of the crime

On March 25, 2013, the Defendant came to know through “D”, which is an Internet golf club site.

With the development of E and golf trading together, meals have been combined, and the relationship has been developed from the singing room to the singing room, and there has been five sexual intercourses in the telecom and the residence of E from the above day to May 20, 2013.

Meanwhile, the defendant from March 28, 2013 to the same year.

9. Until October, 100, money and valuables equivalent to KRW 1440 million were given by cancelling a term deposit, etc., such as lending business funds, and as the purchase cost, etc. of vehicles were given, but not returned from E, making it difficult for the husband to repay obligations, and as the husband was suspected of having a relationship with E from the husband, rape was conducted under the circumstance of being under the influence of alcohol from the husband, or by intimidation, such as having the husband know of the sex relationship, and having the husband know of the sex relationship, etc., and sexual intercourse was committed by false complaint filed with the purport that the money and valuables were forced to be subject to criminal punishment by E and having the husband recovered the incidental money and valuables.

Accordingly, on March 19, 2013, the Defendant was raped on five occasions in the Suwon District Public Prosecutor's Office at the Suwon District Public Prosecutor's Office at the Suwon District Public Prosecutor's Office at the Suwon District Public Prosecutor's Office at the Suwon District Public Prosecutor's Office at the Suwon District Public Prosecutor's Office at the Suwon District Public Prosecutor's Office on March 25, 2013, including that the complainant was raped by E-be in the state of being under the influence of alcohol, and that year thereafter.

9. Until October, 100, a false complaint was submitted to the purport that the husband would have known the above facts to the husband, and thus, he would have been punished for 144 million won.

Accordingly, the defendant was not subject to criminal punishment of E.

Summary of Evidence

1. The statement made by the witness F in the fourth public trial record;

1. Part of the witness G's statement in the sixth public trial record;

1. A complaint;

1. The investigation report (to be submitted by the defendant's complainant).