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Reasons
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(영문) 서울중앙지방법원 2013.07.19 2011고정7416
무고
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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Around May 24, 2011, the Defendant prepared a letter of complaint stating that “The Defendant Party E, the Defendant, having no capacity or intent to operate a discount club, would pay interest of 8% per month if he/she lends money to the Defendant Party A under the pretext of a discount club intermediate payment, etc., and that he/she would operate a discount club and pay it, and that he/she would receive KRW 50 million from the complainant during the period from December 2008 to February 2009, and that he/she would receive KRW 30 million from the complainant during the period from March 20, 209, and that he/she would complete payment of the discount if he/she borrowed KRW 30 million,000,000,000,000,000,000 from the complainant.”

However, with knowledge of the fact that E would have the best tin in the sale of goods, the Defendant was aware of the fact that he/she, upon the direction of E from December 26, 2008 to November 10, 2009, made a transaction on behalf of the Defendant at a deposit account in the name of the Defendant on several occasions every day from December 26, 2008, and he/she invested more than KRW 100,000 in several times as a fund necessary for the tin in the name of tin in the card, and did not lend money for the purpose of discount, intermediate payment and operation funds.

Nevertheless, around May 24, 2011, the Defendant submitted a written complaint as above to an employee whose name is unknown at the Seoul Mine Police Station.

Accordingly, the defendant reported false facts to E for the purpose of having criminal punishment imposed upon E.

Summary of Evidence

1. Legal statement of witness F;

1. Statement made by witnesses E in the fifth trial records;

1. Second-time protocol concerning the examination of the accused by the prosecution;

1. To enter in and present the written complaint;

1. Each receiving period, details of trades, and details of trades;

1. A copy of the Seoul Western District Court Decision 2009 High Court Decision 2640-1 (Separation) Decision, a copy of the Suwon District Court Decision 2009 High Court Decision 2009 High Court Decision 5600 (Separate Judgment) and Suwon District Court Decision 2010No917, Dec. 17

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