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(영문) 청주지방법원 2016.04.12 2015고정700
무고
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On March 23, 2015, the Defendant drafted a false complaint against C with respect to the charge.

The complaint filed by the defendant C does not invest KRW 50 million in the consignment room business even though he/she had invested KRW 50 million around January 2015, and he/she obtained only KRW 30 million from the defendant.

The content of “” and the fact that C received KRW 30 million from the Defendant, and directly invested approximately KRW 70,000,000,000 from the Defendant, and operated a consignment with the Defendant as “D” from the early February 2015 (the head of Defendant A and C did not invest KRW 50,000,000 from the Defendant and received KRW 30,00,000 from the Defendant.

Nevertheless, on March 23, 2015, the defendant submitted a false complaint to the public official of the Cheongju District Public Prosecutor's Office.

As a result, the defendant made a false accusation for the purpose of having C receive criminal punishment.

2. In light of the following circumstances acknowledged by the evidence adopted by the court and examined by the court, the evidence alone submitted by the prosecutor alone cannot be recognized as false, and the fact that the defendant knew that the defendant was false. Thus, the facts charged in the instant case were proven to the extent that there is no reasonable doubt.

shall not be deemed to exist.

(1) The Defendant concluded a partnership agreement with C to the effect that “the Defendant jointly operates a depository by investing KRW 30 million and KRW 50 million in C”

was stated.

In addition, the Defendant first appeared at the investigative agency and stated that “C has invested approximately KRW 20 million,” and subsequently stated that “C has invested KRW 24.3 million (based on the receipt and disbursement book prepared by the Defendant).”

Ultimately, the facts alleged by the defendant in the accusation case are only part of C's agreement to invest 50 million won.

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