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(영문) 서울북부지방법원 2017.10.11 2017고단720

무고

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 1, 2011, the Defendant received a contract from C for a new construction of the building of the Chungcheong-gun D D Multi-household from C, and subsequently subcontracted part of the said construction to E, but the project owner C did not receive profit by directly paying the construction cost to E. In this regard, the subcontractor C filed a civil lawsuit against C, but lost on the ground of the existence of the relevant subcontracting contract.

On June 16, 2016, the Defendant submitted a false complaint to the Seoul Northern District Public Prosecutor's Office to the effect that “the Defendant won the relevant civil lawsuit (Cheongju District Court 2013 Ghana 4467) by using a subcontract agreement for construction works forged without this authority,” for the purpose of criminal punishment against C. However, the said subcontract agreement for construction works was not forged by C as it was normally prepared with E and Defendant’s children around February 12, 201.

Defendant filed a false complaint as above and rejected C.

Summary of Evidence

1. The legal statement of the witness C;

1. Complaint;

1. Standard subcontract agreement for construction works and standard contract for construction works;

1. Court rulings (Cheongju 2013 Ghana 4467);

1. Recording notes (to make a recording note 2014 high group 1900);

1. Notice of reasons for non-prosecution (C);

1. Determination as to the defendant's assertion of the investigation report (to listen to the suspect's telephone call)

1. The Defendant asserted that the Defendant agreed to receive KRW 100,000,000,000 from the third floor Slives of the floor, after concluding a supply contract with C on the instant construction work.

However, it would accept the payment guarantee from EA, a building owner C, for the part of the above construction work from the Defendant.

As set out in the above Won-do supply contract, the subcontract agreement states that C shall directly pay KRW 100 million to E after reporting the third floor floor Slvel, as stipulated in the above Won-do supply contract, as “F (on-site agent) site.” However, E is above.