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(영문) 서울동부지방법원 2014.08.13 2013고단2411
무고
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On May 16, 2013, the Defendant drafted a false complaint with respect to C and D with a color pentle for the purpose of having C and D receive criminal punishment at the public service center of the Seoul Mine Police Station located in Gwangjin-gu Seoul Special Metropolitan City, Gwangjin-gu, Seoul Special Metropolitan City, with the aim of having C and D receive criminal punishment.

Around September 5, 2011, the complaint states that “When the defendant minor entered into a management consignment agreement with the E department store G store (hereinafter “the store in this case”) on or around September 5, 201, he/she shall provide false store-related data to the complainant. He/she shall obtain 66 million won in the name of management consignment agreement by deceiving the costs of materials, such as the cost of materials, monthly average sales, personnel expenses, number of employees, etc., and by deceiving the victim, and claiming for the cost of materials after the contract.” The attached document states that “the materials explained prior to the contract (the summary of the store operation)” is accompanied by the attached document stating that the monthly average sales of the store are KRW 13 million, and the material cost of which is KRW 28%, and labor expenses are KRW 2 million.

However, there was no fact that the Defendant received a summary of the sales center operation as above from C and D, and received the above sales center from the employees of the consulting company, and explained about monthly sales. The sales table was received from C in 7,8, and the supply unit price of the GUU MUG was not specific from C as key confidential matters. At the time, there was no fact that C and D had been accused of monthly sales, costs of materials, labor costs, etc. from H department department I as he had already been aware of the approximate labor costs while operating H department I J stores.

On May 16, 2013, the Defendant submitted the above complaint to the public service center of the Seoul Mine Police Station, and made a statement as the complainant at the Mine Police Station on the same day, and made the summary of the above store operation as materials received from C and D, and thereby dismissed C and D respectively.

2. Determination

A. The defendant asserts.

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