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(영문) 창원지방법원 2013.05.03 2012고단3672

무고

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 8, 2012, the defendant submitted a written complaint against D to the employees of the public service center of the Bupyeong Police Station in Kim Jong-dong, Kim Jong-dong, 175.

The contents of the complaint include “Defendant D shall move to a private teaching institute operated by it on May 8, 201, and there is no security deposit for 20 million won due to the lack of financing standing funds. If the loan of KRW 20 million is made as a lease deposit of a newly relocated private teaching institute, the lessee shall be paid as a security deposit, and the remainder of KRW 10 million shall be paid as KRW 1 million per month for 12 months in pure loan, and the complainant shall be punished as KRW 20 million per month on July 8, 201 and transferred KRW 20 million to D’s account on July 13, 201. Since D received a certificate of borrowing KRW 10 million from D on July 13, 201, it shall be deemed that D refuses to pay KRW 10 million from the beginning without the intention of the loan and shall be punished as KRW 1 million from D without the intention of the loan.”

However, in fact, the defendant, who was in a relationship with D at the time, proposed the relocation of a private teaching institute to D while promising the defendant to compensate for economic losses incurred from the relocation of the private teaching institute, in an effort to lead to internal relations. Meanwhile, the second floor of the E-ground building in Kim Sea, which was colored into the location of the private teaching institute, was divided into the multi-family house on the building ledger and the part of the private teaching institute, and D entered into two lease agreements with each lease deposit amount of KRW 10 million while performing the lease contract for the above building. Since D did not see any economic benefits during the process of transferring the private teaching institute as the defendant, the defendant expressed the dissatisfaction to the defendant on July 15, 201, and the defendant transferred the right to refund the lease deposit amount of KRW 10 million to D from the name of the defendant.