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(영문) 인천지방법원 2018.06.27 2017고단3668

무고

Text

The defendant shall be innocent.

Reasons

1. On January 13, 2017, the Defendant submitted a written complaint to Defendant C at the police station of Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, 77 Incheon, to the police station of Seo-gu, Incheon, and on March 3, 2017, the investigation of the Incheon Seo-gu Police Station and the supplementary investigation of the complaint at the 3 team office of the economy and stated the facts of the complaint.

The above facts of the complaint are that "The defendant C will sell the slots in the factory operated by the complainant on behalf of the complainant and give the proceeds thereof.

The phrase “a criminal complaint shall be filed in a crime of fraud by failing to return it without returning it,” including false and false slves from the complainants.

However, the facts are as follows: (a) C, upon receiving a request for a substitute sale from the Defendant, sold to D a sum of KRW 9 million in total the presses, electric damages, and softs owned by the Defendant; and (b) D, in return, remitted KRW 8.5 million out of the said KRW 9 million to the Defendant’s account; and (c) delivered KRW 500,000 in cash at the Defendant’s introduction expense; (d) the Defendant acquired the price for the disposition of the said slab; and (e) the above accusation was false.

In this respect, the defendant made a false accusation for the purpose of having C receive criminal punishment.

2. In full view of the following circumstances acknowledged by the evidence adopted by the court and examined by the court, the evidence alone submitted by the prosecutor alone that the defendant’s accusation was false, or that there was an intention to mislead the defendant.

It is insufficient to conclude that it is, and there is no other evidence to acknowledge it.

A. The Defendant: (a) sold a heavy slve and a new slves to C; (b) the Defendant did not return them; and (c) the Defendant did not return them.

The accused asserts that the part of the complaint is about a new type slve.

B. C acknowledged the fact that he was present in this court and received from the Defendant a middle and new slive slves.

However, the new type slves correspond to the defendant's construction price in lieu of him.