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(영문) 수원지방법원 성남지원 2018.05.18 2015고단2210
무고
Text

The defendant shall be innocent.

Reasons

1. On March 10, 2014, the Defendant drafted a written complaint against D and E with the intent of having D and E criminal punishment, through his/her defense counsel, at an infinite place, and via his/her defense counsel, who is the representative of the Defendant’s complaint.

The complaint is filed by the defendant and the defendant Eul, a real estate lessee, and the defendant Eul is the management director of the above individual company Eul, and the defendant Eul is the defendant Eul purchases the vehicle for personal use over three times from December 2, 2005 to January 2010, which is the total amount of KRW 272,58,228, arbitrarily used the company fund equivalent to the above vehicle's 272,58,228, and embezzled by arbitrarily using the company fund equivalent to KRW 33,68,380 in terms of the maintenance cost, etc. from around December 2005 to around January 2012, the criminal punishment was made by arbitrarily using the company fund of KRW 33,68,38,380 in terms of the maintenance cost, etc. of the above vehicle from around 2006 to around 2013.

However, on June 2005, the above F is a business entity established by the defendant and the defendant with an investment in proportion to 8:2, respectively, and the defendant and the defendant and the defendant agreed to purchase a vehicle for the business of the defendant and employ a driver. In particular, the vehicle purchased after the first purchase and the vehicle for the business of the defendant were purchased as personal funds by the defendant and used for the business.

Nevertheless, the defendant, around August 2013, when the defendant, who is the defendant, made a request for dissolution of the partnership to the defendant, aggravated the relationship with the defendant, and the defendant submitted a false complaint to the public service offices of the Suwon District Public Prosecutor's Office's Branch Office, which is located in Sungnam-si around March 11, 2014, and submitted a false complaint to the public service offices of the Sungnam District Public Prosecutor's Office, which is located in Sungnam-si.

2. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by the prosecutor, and the conviction is to the extent that there is no reasonable doubt by the judge.

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