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(영문) 서울서부지방법원 2013.10.29 2012고단2236
무고
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

Summary of Facts charged

1. On October 19, 201, the Defendant had prepared and submitted a false complaint to G at the Seoul Western District Prosecutors’ Office located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government, and at the Seoul Western District Prosecutors’ Office.

The written complaint states, “A, the Defendant, at the time of acquiring the vehicle parts design factory located in the Seoul Special Metropolitan City, A, while taking over the vehicle parts design factory located in the Seoul Special Metropolitan City H from I, 644,300,000 won, forged the contract acceptance price of which was 335,00,000 won, and ② submitted to the investigation agency for investigating the fraudulent complaint case against A, and ③ submitted the forged contract to investigate the investigation agency. ③ On July 15, 2011, the Seoul Central District Court was present as a witness of the case of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against A against the Defendant of the Seoul Special Metropolitan City District Court 2011, 300,000 won and the above contract acquisition price was 64,300,000 won, and thus punished for perjury.”

However, in fact, the defendant acquired the above factory from I Co., Ltd. in KRW 335,00,000, and the defendant has a written contract in which the contract amount was 644,300,000 won in order to receive a large amount of loans as security for the above factory facilities.

Nevertheless, the Defendant was indicted for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Seoul Central District Court on April 15, 201, on the following grounds: (a) the Defendant took over the above factory at KRW 335,00,000, not KRW 644,300,000; (b) and thus, (c) at the above criminal trial, the Defendant did not obtain over-to-face loan by false means, and (d) at the same time, submitted the above complaint to the head of the Seoul Western District Prosecutors' Office for the purpose of having G receive criminal punishment.

2. On July 20, 2012, the Defendant made and submitted a false complaint to K at the Seoul Western District Prosecutors’ Office located in Mapo-gu Seoul Mapo-gu, Seoul, and at the Seoul Western District Prosecutors’ Office.

(2).

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