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(영문) 수원지방법원 평택지원 2015.05.14 2014고정316

무고

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 5, 2008, the Defendant, at the Defendant’s house located in Pyeongtaek-si D on June 2009, entered into a new contract with the Defendant for construction of a warehouse in Pyeongtaek-si, with the construction cost of KRW 300 million, although the Defendant did not have the intent or ability to pay the construction cost to the Defendant. After the Defendant’s completion of the new construction of a warehouse on May 2008, he did not pay KRW 230 million out of the construction cost, thereby acquiring property benefits equivalent to the above amount of the construction cost. As such, the Defendant would be punished for fraud, and submitted a written complaint to the employee of the public office of the public office of the Dong-si’s office in the Housing Site Management Office, which is located in Pyeongtaek-dong, Dong-si, 2009, accompanied by the written construction contract equivalent to KRW 300 million of the construction cost under the name of E and F, and submitted it to the employee.

In fact, the price for the construction of the above warehouse was KRW 50 million, and the defendant was paid the above KRW 50 million from F in full, and the construction contract equivalent to the above KRW 300 million was falsely refunded, and was drafted under the defendant's understanding to use bank loans.

As a result, the defendant raised F with the aim of being subject to criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Protocol of examination of the witness H as to the witness;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Prosecutors' office and police interrogation protocol and statement of statement concerning F;

1. Construction contract in which the construction amount is 450 million won and 300 million won, respectively; and

1. Written estimate of KRW 450 million prepared by the defendant;

1. A credit transaction agreement and a contract to establish a mortgage;

1. According to the evidence submitted by the defendant and the statement of supplementary statement against the defendant, the defendant's wife and the defendant's wife's written statement of supplementary statement are as follows: 452,649,000 foot construction cost and construction cost are 400 million won.