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(영문) 울산지방법원 2013.12.19 2013고정226

무고

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant, who works for D in Ulsan-gu, Ulsan-gu, was working for D, and that fact was prepared on August 201, 201 in lieu of an application for additional medical care and requested the D representative director E to verify the content of the statement prepared by E on behalf of the Defendant and affixed his fingerprints. However, on March 2012, E was dismissed and submitted to the investigation agency as if E forged the above statement and submitted it to the Korea Labor Welfare Corporation.

On August 8, 2012, the Defendant prepared a false complaint and submitted it to the Ulsan East-dong Police Station located in Ulsan-dong, Ulsan-dong, Ulsan-dong. “Around October 14, 2011, the Defendant Nonparty E forged and exercised one copy of the report concerning the application for additional medical care in the name of the complainant.”

In this respect, the defendant was arrested for the purpose of having E receive criminal punishment.

2. In light of the fact that the defendant confirmed the contents of the explanatory note prepared by E in lieu of E and affixed his fingerprints, each statement made by E and F in this legal and investigative agency is difficult to believe it is, and there is no other evidence to prove the above facts. Rather, according to the result of each unmanned appraisal, it cannot be ruled out that the defendant's above accusation is false, and it cannot be concluded that the defendant's above accusation is false.

Therefore, the above facts charged constitute a case where there is no proof of crime, and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure

It is so decided as per Disposition for the above reasons.