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(영문) 서울남부지방법원 2013.05.24 2012고단2285
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

From around February 2006, while maintaining a de facto marital relationship with C while carrying on a restaurant business, the Defendant entered into an inappropriate relationship with D, which is a business partner, and brought about a serious dispute with C. Around August 9, 2009, the Defendant entered into a lease contract with the lessor G and the above C as the lessee, who transferred the above restaurant to the above C as a consolation money.

When the defendant is in a de facto marital relationship with C, he requested the above C to borrow KRW 56 million from C’s father H, but he did not repay it, and the above H filed a lawsuit against the defendant claiming the return of the above loan under Incheon District Court Branch Branch of 2010Kadan577, which was the above case’s appellate court on March 10, 2011. The above C appeared as a witness in the case’s loan No. 2010Na13060, which was the appellate court of the above case’s appellate court on March 10, 201, and was in a de facto marital relationship with the defendant and received consolation money from the defendant to the above F cafeteria, and the defendant was willing to file a false complaint with the intent to have the above C punished.

Around January 27, 2012, the Defendant made a false statement to the public service center of the Gangseo-gu Seoul Metropolitan Government public service center of the Gangseo-gu Police Station in Gangseo-gu to the effect that “The Defendant’s complaint was present at the Incheon District Court Decision 2010Na13060 around March 10, 201 and testified after being sworn as a witness in a lawsuit seeking the return of loan, which was held in around the Incheon District Court Decision 201Na13060, the Defendant gave testimony against memory that the Defendant’s complainant was in a de facto marital relationship with the complainant, although the Defendant did not have a de facto marital relationship with another woman,” and that “The Defendant was punished by giving testimony contrary to his memory, even though he did not transfer the lease deposit of the F restaurant to the Defendant as a consolation money.”

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