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(영문) 서울중앙지방법원 2017.05.18 2016고단5913

무고

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around December 24, 2015, the Defendant submitted a written complaint to C and D at the Seoul Central District Public Prosecutor's Office's Office (hereinafter "Seoul Central Public Prosecutor's Office") located in 158 as distributed in Seocho-gu, Seoul, and stated the gist of the complaint at the Seoul Gangnam Police Station on January 22, 2016 and March 4, 2016, and again submitted a written petition to the Seoul Gangnam Police Station (hereinafter "Seoul Gangnam Police Station") on May 10, 2016, while submitting the written petition to the public prosecutor's office of the Seoul Central Public Prosecutor's Office (hereinafter "C and D must maintain the total right of the Republic of Korea, while lending US US dollars 80,00,000 from May 23, 2014 to January 20, 2015, and thus punished C and D without being repaid."

However, the above U.S. dollars 80,000 was paid by the Defendant as the raw material price for the product "E" that was produced and sold by the Defendant to D and C, and then, the Defendant did not make any additional production cost because the Defendant failed to properly operate the company's business and did not make any additional production cost, and the Defendant did not borrow money from D and C [in the facts charged, the Defendant did not have any grounds for returning U.S. dollars 80,000 since he did not borrow money.]

At present, there is a dispute between the Defendant and D and C in relation to the return, but it cannot be readily concluded that there is no basis for half of the certificate (Evidence No. 4) as C et al. prepared with respect to the return of 80,000 fire. Therefore, the entry in this part of the facts charged is deleted.

Nevertheless, for the purpose of having C and D subject to criminal punishment, the Defendant prepared a complaint and a petition containing false facts as above, and submitted them to employees under the name of the integrated public service center of the Seoul Central District Public Prosecutor's Office, and made a false statement to the police officer in charge of the Gangnam Police Station, and filed C and D with the intent of false accusation.