beta
(영문) 수원지방법원 안양지원 2016.08.09 2015고단369

무고

Text

Defendants shall be punished by imprisonment for eight months.

However, the execution of each of the above penalties for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendants are siblings, and the actual operators of E(state).

The Defendants issued to G a blank note with respect to the check at par value, the issuer’s blank, and the Fronon, the blank blank, and then delivered to G, but there was an alteration of the said check.

In order to file a complaint and to exempt the payment obligation of the said check, the check was subscribed for.

On June 2014, the Defendants conspired to prepare a false complaint against G in order to have G receive criminal punishment at the I store located in Gangnam-gu Seoul, Seoul, and Defendant B drafted a false complaint against G in the Defendant’s residence located in Yeonsu-gu, Incheon, Incheon, on June 2014.

The gist of the accusation is that “A check (F) was issued to G, which is a supplier of interior materials on April 20, 2014, as a security for the price of 30 million won for interior materials, but the said current check was under the condition that it would be paid on August 28, 2014, and 2 million won was paid to G twice a year, but the said check was voluntarily stated as “three thousand won in advance,” and on June 19, 2014, the said check was issued to the bank on June 19, 2014.”

However, on April 23, 2014, when Defendant A failed to pay KRW 30 million within the same month at the coffee shop in the digital chain area, Defendant A granted a blank right to fill in the face value of the said check at KRW 30,000,000, and Defendant B knew of this content.

Nevertheless, on July 2, 2014, the Defendants conspired to submit the above complaint to K, who is the representative director of E Co., Ltd., without knowledge of the above circumstances, at the general public service center of the Military Police Station on July 2, 2014.

Summary of Evidence

1. Defendants’ respective legal statements

1. Witnesses who are in the fifth public trial protocol;