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(영문) 울산지방법원 2017.11.28 2017고단1572
무고
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Criminal facts

On April 10, 2015, the Defendant was sentenced to two years of suspended execution on the six months of imprisonment with prison labor for the crime of giving a bribe and the crime of re-committing a breach of trust at the Ulsan District Court, and the said judgment became final and conclusive on March 22, 2016, and is currently under suspended execution.

On July 29, 2016, the Defendant filed a false complaint with the public prosecutor's office in Ulsan District Public Prosecutor's Office, and C filed a false complaint with the aim of having C receive criminal punishment.

The purpose of the complaint is that "the defendant C, who is the defendant, was ordered to remove the boundary seats in D D branch offices of the Korea District Heating Corporation on March 2014 and the Scom-Packaging Corporation, reported to the complainant or used human resources, equipment, etc. of E, a company of the complainant, without obtaining approval, and received KRW 20 million as the construction cost and embezzled it for the complainant on his/her own while on his/her duty for the complainant, and then arbitrarily consumed and embezzled it."

However, the defendant was an employee of the above company.

Around May 30, 2014, C was aware of the fact that it received orders from C, and around May 30, 2014, at the corporate account of E Co., Ltd., the original contractor that ordered the above construction, received directly KRW 5.28,00 in the name of the construction cost, and there was no fact that C received such construction cost. Thus, C did not have embezzled the above construction cost.

Nevertheless, the defendant submitted a false complaint as above, and around August 5, 2016, the investigation of the Ulsan Central Police Station in the Ulsan Central Police Station and the supplementary statement was made by the complainant to the same purport.

Accordingly, the Defendant made a false accusation against C for the purpose of having C punished criminal punishment.

Summary of Evidence

1. Each legal statement of witness C and G;

1. Protocols concerning the prosecution and police interrogation of C;

1. Statement made by the prosecution with regard to G;

1. Statement made by the police against the defendant;

1. A complaint (including supplementary data), a complaint (including supplementary documents), and a supplementary statement of reasons for the complaint (including supplementary documents).

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