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(영문) 전주지방법원 2015.10.16 2014고단1759

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 7, 2014, the Defendant drafted a written complaint against F and G through an attorney-at-law who is a complainant, at the office of “law firm E” in Seoul Special Metropolitan City, Seoul Special Metropolitan City, through an attorney-at-law who is a complainant.

A written complaint stating to the effect that “Defendant Appellants are expected to receive KRW 3 billion with H compensation from the Government’s budget 5 billion from the Government of the Ministry of Environment,” and that “In the event of an investment, she was paid KRW 140 million over four times until December 4, 2012.” Around May 2012, Defendant Appellants demanded funds from the complainants to purchase pigs, “F, even if she borrowed money from the complainants, without any intent or ability to repay the money, without having any intention or ability to do so, she would purchase pigs.”

To pay a full amount of consideration when making funds.

‘Falsely speaking, it was 4 times from May 10, 2012 to December 6, 2012, and thus punished 70 million won.’

However, in fact, the Defendant borrowed the above money from the F to the J of a limited liability company upon the request of the F to lend due to the shortage of operating funds of the J of a limited liability company, and was well aware that it was not a loan to F under the pretext of investing in G's long-term fish business or investing in I's swine business, the Defendant was unable to receive the above money from the J, and the said money was remitted to G's account.

Nevertheless, on April 7, 2014, the defendant received the above complaint from the former public prosecutor's office of the former public prosecutor's office located in the 25-Gu Seoul Metropolitan City, Seo-gu, Seoul Metropolitan City, through the employees of the above law firm.

Accordingly, the defendant raised F and G with the aim of having F and G receive criminal punishment.

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. Each legal statement of the witness F, G, and K 1.