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(영문) 의정부지방법원 고양지원 2018.01.18 2016고단3693
무고
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendants are going to be incorporated into planned management area in the Yongsan-si Police Station located in the Republic of Korea in the area of 1338, Seoyang-gu, Seoyang-si, Seoyang-si, Seoyang-si, Seoul, as of September 18, 2014, “The defendant C will be incorporated into a planned management area in the area of Da and E two parcels owned by the complainant C at early 2007.

On March 2008, a complaint was submitted to the effect that the victim received KRW 130 million from A, the complainant, and obtained the delivery of KRW 130 million.

However, on March 18, 2008, Defendant A paid KRW 130 million to the above C was paid in repayment of KRW 770 million, which was part of the existing debt 1.57 billion to C.

As a result, the Defendants conspired with C for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. The legal statement of the witness C;

1. Part A or F of the protocol concerning the interrogation of suspect C by the prosecution;

1. Copy of the complaint;

1. A copy of the entire certificate of registered matters, a copy of Gyeonggi-do beams, a copy of investigation report, a copy of the entire certificate of registered matters, a copy of investigation report, a copy of land use plan, a summary of investigation report, a copy of a loan certificate, a copy of notification of approval for the establishment of a factory, a copy of notification of the result of examination, a copy of a request for supplement pursuant to an application for approval for factory establishment approval, a copy of a request for supplement pursuant to an application for approval for factory establishment approval, and a copy of documents submitted pursuant to the application for approval for factory establishment [In light of the following circumstances recognized by the evidence duly adopted and investigated by this court, Defendant A was already aware that only some of the land recorded in facts constituting an offense

On the other hand, it is difficult to believe that the statement that he/she knew of such fact and was accused by C is false.

The Defendants would be free from deceiving C even if they were not accused of C by Defendant A.

① Defendant A paid KRW 150,000 to C in cash around March 18, 2008.

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