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(영문) 수원지방법원 안양지원 2014.09.25 2014고단399
무고
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 26, 2013, the Defendant supplied goods to D, the representative of MM on May 2013, the Defendant received a promissory note in the form of the price for the goods. In preparation for the default of the said note, the Defendant received a contract for the transfer of the goods at the place of business.

However, this paper has prepared a complaint stating that D has not settled a bill but transferred it to another person, so that D's place of business has changed punishment for breach of trust.

However, in fact, the defendant did not receive the above promissory note from D as the price for the goods, but received the promissory note discount for the bill, and the defendant did not have any obligation to transfer the place of business to D in accordance with the above business transfer contract.

Nevertheless, around January 2, 2014, the Defendant submitted a complaint stating false facts to D for the purpose of having D receive criminal punishment, at the Sungdong Police Station civil petition center located in Seongdong-gu Seoul Seongdong-gu, Seoul, for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Part D and E of the protocol of interrogation of the defendant by the prosecution against the defendant

1. Part of the protocol of interrogation of the suspect about D to the prosecution (in the case of the complainant A)

1. Examination protocol of police suspect regarding D;

1. Each investigation report (Submission of records filed by D in the case where D files a complaint against A, D fact confirmation certificates and records of payment of M stock prices, submission of materials for purchase in the first half of the year 2013, attachment of text messages sent by A to E, hearing of statements by a person in charge of receipt of a bill for a single bank branch);

1. A complaint;

1. Application of the statutes on transfer/acquisition contracts for places of business, copies of promissory notes, and facilities transfer contracts;

1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;

1. Article 62 of the Criminal Act:

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