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(영문) 창원지방법원 통영지원 2014.11.19 2014고정433

무고

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is the husband of C, who has been engaged in the business of supplying human resources to the so-called so-called so-called so-called so-called so-called “C” with C

C paid 2 million won to F on May 31, 2012 to F, and the F entered into an advance contract with F to work in D, a so-called so-called a so-called so-called so-called “escoping plant.” However, following the conclusion of the contract, the health of F becomes worse after the contract was entered into, thereby failing to work in D, the Defendant filed a complaint against F with the Common Police Station on June 16, 2013, which was under investigation, as fraud, and the said complaint was withdrawn on July 3, 2013.

On July 4, 2013, the day following the withdrawal of the above complaint, the Defendant kept F’s signature and seal on an advance payment contract in which the period of service is blank, instead of the loan certificate, in order to guarantee payment of the aggregate of the existing advance payment and penalty, which were not returned from F on July 4, 2013, and thereafter, F was unable to pay the said advance payment, and F was able to reeit F using the F’s advance payment contract in the name of F.

Accordingly, on January 23, 2014, the Defendant: (a) at the Defendant’s house located in Tong Young-si, prepared a written complaint to the effect that “F would have engaged in freshing work in E from July 4, 2013 to January 5, 2014 by deceiving the Defendant, thereby inducing the Defendant to engage in freshing work in E from July 4, 2013 to January 5, 2014; (b) thereby punishing F as fraud; (c) supplemented the period of service of the said advance payment contract in blank from July 4, 2013 to January 15, 2014; and (d) submitted it on the same day to the public service order police station located in the optical map at the time of freshing.

However, the Defendant had not entered into an advance payment contract with F on July 4, 2013, and there was no fact that the Defendant paid F an advance payment of KRW 1.6 million.

Accordingly, the defendant is guilty for the purpose of having F punished criminal punishment.