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(영문) 부산지방법원 동부지원 2017.08.23 2017고단1085

무고

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

C is a multi-level sales chain D Co., Ltd., and the defendant is a subordinate member of C.

On May 1, 2016, the Defendant, with the knowledge that the purchase records were held at least a certain amount, with a view to holding the “outstanding excellent overseas travel events,” which send out overseas travel on July 2016, the Defendant: (a) provided C with a total of seven cards in the name of the Defendant and his husband; and (b) provided C with a total of seven cards in the name of the Defendant and his husband to purchase goods at the above company, which amount to KRW 12.5 million.

C settled the price of goods equivalent to KRW 10,280,000 with the above card issued by the Defendant around June 1, 2016, and purchased goods equivalent to KRW 2,400,000 at its own expense due to the shortage of the limit of the above card. Accordingly, the Defendant was paid KRW 4,50,000 from the head office for the Chinese travel sent to the above company around July 8, 2016.

Since then, the Defendant was not well sold, and returned goods around August 2016. In return, 4.5 million won was not refunded for each lost goods at the time of return, and at the head office, C was demanded to return the said 2.4 million won by offsetting the obligation to return the said 2.4 million won paid by the Defendant on behalf of the Defendant, and the obligation to recover the allowances paid by C due to the purchase of the said goods by offsetting the obligation to return the said goods. As the Defendant was demanded to return the said 2.4 million won from C, there was a dispute with C.

Accordingly, the Defendant had an mind to file a false complaint with C as false facts because the appraisal of C was not good, and around October 31, 2016, at the Busan Police Station located in the area of the plane captain of Busan, the Busan Police Station (hereinafter “C”) intended to purchase only goods equivalent to KRW 100,000,000,000,000,000,000,000,000,000 won.