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(영문) 서울동부지방법원 2012.10.10 2012고단791
무고
Text

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

Reasons

1. The summary of the facts charged in the instant case is as follows: (a) on September 15, 201, the Defendant, at the office of Suwon-si, Suwon-gu, Suwon-si, C4th floor Co., Ltd., Ltd., the Defendant prepared a false complaint using a computer, and (b) on September 9, 201, E, the Defendant, “The complaint,” means that “The Defendant,” has already received an investment of KRW 49 million from the complainant, “The CCTV Corporation and security services, and the F CCTV Construction for a divided pot, has already been executed.” The Defendant, “The amount of KRW 49 million,000,000,000,000, as investment money, was obtained from the complainant on September 6, 2010.” (hereinafter “G”).

The 60 million won out of the capital of 100 million won was fictitiously paid, and it was used for personal purposes by withdrawing it, and thus, it was embezzled.

However, in fact, G was only a company established with E and J in order for the Defendant to take charge of the H parking lot access control system and the I Federation CCTV replacement construction, and it did not have been established to carry out the F apartment CCTV construction or the inspection-based city CCTV and security service construction. In the course of the establishment of a company, E did not make a false statement to the Defendant that “E was ordered to carry out the construction of a divided F apartment CCTV or the inspection-based city CCTV and security service”, and E did not withdraw KRW 60 million from G’s account and used it as the lease deposit for the company office of Gangdong-gu Seoul Metropolitan Government K 1st, and the Defendant was also on duty in the above company office. As such, E did not have any fact of deceiving the Defendant, nor did it embezzled KRW 60 million for the company fund.

Nevertheless, the defendant, on September 19, 201, submitted a written complaint to a police officer whose name is not known at the Seoul Gangseo-gu Seoul Metropolitan Government civil petition office of the Seoul Gangseo-gu police station, thereby allowing E to be subject to criminal punishment.

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