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(영문) 서울중앙지방법원 2017.06.13 2016고정3449

무고

Text

The defendant shall be innocent.

Reasons

1. On May 2015, the Defendant drafted a false complaint against F at a place where it is difficult to identify a warning place.

On February 18, 2008, the complaint statement "F is preparing KRW 800 million for a 300-person TV film advertising business operated by the private party of the G Group H on 18 February 2008, although the complainant did not have the intent or ability to make a profit to the sales even after concluding the contract for the operation of the film advertising facilities with A, a complainant.

The project may incur more than three billion won sales, and the net profit may be at least 60-70%.

The complainant entered into a video advertising contract with the LAS and acquired the amount of KRW 300 million on June 11, 2008 through the delivery of KRW 300 million.

The contents of “” and facts do not mean that the Defendant was given KRW 300,000 from F for investment, and the Defendant did not deliver KRW 300,000 to F.

Nevertheless, the defendant submitted a written complaint to the Seoul Central District Public Prosecutor's Office on May 13, 2015.

As a result, the defendant made F a false accusation for the purpose of having F punished criminal punishment.

2. The facts charged of the instant case, on May 13, 2015, by the Defendant’s accusation on the following facts: (a) notwithstanding the absence of an intent or ability to make profits from sales even if the Defendant entered into a contract for the operation of video advertising facilities with the Defendant, the Defendant deceivings the Defendant and acquired KRW 300 million from the Defendant on June 11, 2008.

“On the premise that the content is “........”

However, according to the evidence duly adopted and examined by this court, the above accusation by the defendant was made by the defendant to introduce F to J as an investor by the defendant belonging to J, and the F thereafter invested KRW 300 million after entering into an investment contract with J.

Nevertheless, F did not file a complaint with J, but rather accused was accused of fraud, and the accused was made a false statement by J.