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Defendant shall be punished by a fine of KRW 6,000,000.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Reasons
Punishment of the crime
The defendant is the former director of E Co., Ltd. in Gyeongnam-gun, Chungcheongnam-gun, Dongnam-gun, and the victim F is the person who works as the chief of materials of the above Co., Ltd. from April 1, 2012.
On February 2, 2013, the Defendant drafted a false complaint against the victim at the office of the head office of the said E-stock company.
The gist of the complaint is that "the victim received 12,00,000 won from the company supplying the facilities to E company as the victim's personal passbook and embezzled it for business purposes. When concluding the construction contract with the Young Engineering Co., Ltd. which was ordered to perform the work, the victim entered into the contract with the Young Engineering Co., Ltd. which was actually 394,00,000 won, and the victim incurred losses equivalent to KRW 136,00,000, which is the difference in the E Co., Ltd., thereby causing losses of the amount of KRW 136,00,000, which is the difference in the E Co., Ltd., thereby causing the crime of occupational breach of trust."
However, in fact, the victim received 12,00,000 won from the victim's bank account in the name of the victim after making a prior report to the defendant in order to preserve the expenses incurred for the E company. It did not constitute occupational embezzlement. A written estimate in which the estimated amount of the construction contract between the E company and the Young Engineering Co., Ltd. is KRW 394,00,000 is limited to the side contract made under the defendant's initiative. The actual estimated amount of the above contract is KRW 530,000,000 and the victim did not have committed occupational breach of trust against the E company.
Nevertheless, around February 5, 2013, the defendant submitted the above complaint to the police officer who is unable to know his name in the 113 public service center of the Gyeongnam Police Station located in the 113-ro of the Gyeongnam-gun, Chungcheongnam-gun.
Accordingly, the defendant brought the victim without criminal punishment for the purpose of having the victim receive criminal punishment.
Summary of Evidence
1. Defendant's legal statement;
1. The F statement among the interrogation protocol of the defendant by the prosecution against the defendant
1. A complaint filed for a flood accident;