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(영문) 서울서부지방법원 2012.08.10 2011고단1575

무고

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

[2011 Highest 1575] Defendant A was sentenced to one year of imprisonment for a crime of fraud at the Seoul Western District Court on December 2, 2010, and the judgment became final and conclusive on December 3 of the same year, and on July 6, 2011, Defendant A was sentenced to two years of imprisonment for a crime of fraud at the same court on June.

7.7. The person for whom the judgment has become final and conclusive.

Defendant

A In fact, although the public official did not have the intention or ability to obtain a license for the operation of the virtual stand, A did not have the intention or ability to attract persons to operate the virtual stand in collusion with B, and did not have the right to receive money by stating that “I would have the right to obtain a license for the operation of the virtual stand through a public official of the main Myeon.”

On April 17, 2008, Defendant A, at D’s office, provided that “30 million won is to be granted the license of operation of the provisional sales center in front of the departure point of subway No. 1 line No. 3 of subway No. 4 of subway No. 40 million won before the departure point of subway No. 8 in front of the departure point of subway No. 3 of subway No. 1, Nam-ro E” from D, and received KRW 20 million from her own bank on April 25, 2008, respectively, and acquired KRW 10 million from her own bank on the pretext of its expenses by deceiving Defendant A to obtain more than 10 million.

However, as a result, it did not obtain permission for the operation of the virtual team from D and received a demand for the return of money from D, the defendant A made a false accusation to the effect that he had given money to B, and the defendant A was exempted from liability.

Accordingly, around February 3, 2010, Defendant A prepared a written complaint to the Seongbuk-gu Seoul Metropolitan Government Seongbuk-gu Police Station with 301, stating that “B shall install three bags, such as 1 line No. 1 line No. 3 of Seodaemun-gu, so that he/she can legally perform his/her duties by installing three bags, and deceiving Defendant A to legally perform his/her duties by acquiring KRW 50,500,000 as security expenses from April 11, 2008, and then to punish a person in charge of police officers who received KRW 50,50,000 from April 11, 2008, the above false statement is included.”