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The defendant shall be innocent.
Reasons
1. Around February 12, 2013, the Defendant filed a complaint against D in embezzlement, etc. with the public service center of the Dobong-gu Seoul Dobong Police Station, Dobong-gu, Seoul, Seoul, for the crime of embezzlement.
The details of the complaint are as follows: “Around December 21, 2012, D engages in the brokerage of the purchase and sale of E building 302, and the actual purchase and sale price is KRW 82,00,000,000,000,000,000,000 won received 85,000 won from the complainant (Defendant) and embezzled the difference of KRW 3,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.”
However, in fact, the fact that the purchase price of the E-building 302 was 82 million won was known to the Defendant, and D did not arbitrarily prepare a contract for the purchase price of KRW 82 million for the purchase price. The contract for the purchase and sale of KRW 85 million was prepared by the Defendant to obtain a bank loan, and KRW 1.3 million acquired by D was merely repaid the Defendant with the loan of KRW 1.3 million. Accordingly, the Defendant’s complaint was all false.
As above, the Defendant submitted a complaint to the Dobong Police Station, which is the investigative authority, for the purpose of having D criminal punishment, with the intent of having D file the complaint with the investigative authority for false facts.
2. On the other hand, the records revealed as follows. In other words, D prepared a fake contract of KRW 85 million in the case of a single prosecutor's investigation and ordered the defendant to do so, and D stated that there is no fact that the seller has affixed his H seal or his seal and how it has been affixed (in the case of an investigation record 65 pages). In the case of a two-time prosecutor's investigation, the above contract is an prefabricated seal.