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(영문) 수원지방법원 성남지원 2017.08.16 2016고단3155

무고

Text

The accused shall publicly announce the summary of the judgment of innocence.

Reasons

1. The summary of the facts charged is that the Defendant is a construction site manager who was awarded a contract for a new construction of “D building in Seongbuk-gu” from the Seoul Metropolitan Government (State) around May 2010, and through E (State) is responsible for paying wages to the public. As such, the Defendant is responsible for paying wages to the public.

In that sense, around January 2015, the Defendant filed a lawsuit against the Defendant and E on the claim for unpaid wages, and the Defendant (State) submitted by the F F’s “Work Certification and Claim Certificate” (hereinafter “Work Certificate”) was false accusation that E prepared by stealing the name of the Defendant and thereby exempted the above civil liability.

From May 27, 2010 to July 13, 2010, the Defendant supplied the Defendant Nonparty E with human resources to work at “the site of the new construction of the DD building in Seongbuk-gu, Sungnam-gu” from May 27, 2010 to July 13, 2010. The Defendant Nonparty E requested the Plaintiff, who is the said Defendant, to letter and receive the seal supply, and the Defendant Nonparty conspired with each other as a means to unfasten the wages of the said workers as a means to unfasten the said workers, with the intention of enabling the complainant, who is not a person in charge of the work, to confirm the work at the construction site and to use the signature and seal on the instant work confirmation document, and used the forged private document as a document that was duly formed.

On the following day after preparing a written complaint stating the content of "the above written complaint was submitted to an employee whose name is not known by the public service center of the Seoul East District Public Prosecutor's Office."

However, since the defendant allowed E to sign the name of the defendant, there was no fact that E forged a document in the name of the defendant.

As a result, the defendant reported false facts to public offices for the purpose of having E receive criminal punishment.

2. Determination

(a) the recognition of conviction in a criminal trial is so far as there is no reasonable doubt for the judge.