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(영문) 의정부지방법원 고양지원 2018.11.14 2018고단97
무고
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From March 2012 to June 2012, the Defendant is a representative director who received investment from investors E and operates “D” as a used vehicle sale in the Dong-gu Seoul Special Metropolitan City, Manyang-si. F was a person who was working as a used vehicle with the aforementioned D from March 2013 to June 201 of the same year.

The Defendant, at the foregoing D office around March 2013, upon receiving a request from F to the effect that “a loan is made to the investor E money by taking eight used cars in possession of it as collateral.” Upon receiving money from the investor E, the Defendant lent the sum of KRW 48 million around March 7, 2013, KRW 48 million around August of the same month, KRW 52,80 million to F, from March 15, 2013, and thereafter, from March 15, 2013 to March 15, 2013.

7. 5. The sum of KRW 48,971,00 has been repaid by up to May, and thus, the amount of unpaid reimbursement exceeded KRW 3,829,00.

The defendant did not deliver the above money to E, used the money repaid from F for personal living expenses, business funds, and later used the money borrowed from F for personal use as if he did not recover the borrowed money from F in order to conceal the fact that he did not use it. The defendant had the intention to file a complaint with the investigation agency.

The Defendant, on July 20, 2017, lent 8 parts of used cars as collateral at around March 7, 2013, 2013 at the head of the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, the Defendant, “Seoul District Public Prosecutor’s Office” located in 213, the Defendant did not change it even though the F, who is a vehicle with the vehicle, lent 8 parts of the used cars as collateral, and obtained the value of the subordinate staff who moved around March 15, 2013.

A complaint was submitted stating that “A request was made to punish F with a failure to repay 15 million won even if loan was made.”

However, in fact, the defendant from F on March 15, 2013 to the same year.

7. Until May 1, 200, a total of KRW 48,971,00 has been repaid, and there was no fact that around March 15, 2013 had been lent KRW 15 million under the pretext of the value of father staff.

Nevertheless, the defendant submitted a complaint stating false facts to an investigative agency for the purpose of receiving F criminal punishment.

Summary of Evidence

1.

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