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(영문) 대전지방법원 2018.01.23 2016고단2221
무고
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged was prepared in the office of the Dispute Resolution Co., Ltd., which is located in Chungcheongnam-gun, Chungcheongnam-gun, the Defendant: (a) prepared a written complaint to the effect that “The E representative F, May 19, 2015, did not provide gas facilities to the Dispute Resolution Co., Ltd.; (b) G, who stolen the company’s representative director’s seal and forged a loan agreement to use in the name of the Dispute Resolution Co., Ltd.; and (c) sold as evidentiary materials to the court in which a civil lawsuit is pending, which would be punished.” (c) around January 4, 2016, the Defendant sent the written complaint to the Simsan-gun, Chungcheongnam-gun, Seoul-gun, and received the said written complaint around January 5, 2016.

However, on October 2014, HH established a gas supply facility in the Dispute Resolution D and supplied gas from the middle of January 2015, but as a result, it was at the risk of removal of facilities and suspension of gas supply due to the failure of the Dispute Resolution D to pay the gas price, E would take over all the liabilities for facilities and gas supply and supply gas supply, and prepare a usage lending contract accordingly, with the consent of the defendant, G, a working-level manager of the Dispute Resolution D, affixed the seal of the representative director of the company's company.

Nevertheless, the defendant had F and G with the aim of having the F and G receive criminal punishment.

2. The gist of the Defendant and his/her defense counsel’s assertion did not have the authority to delegate G with authority to prepare a loan agreement for use and lending (hereinafter “loan agreement for use and lending of this case”) on May 19, 2015, or to affix corporate seal thereto.

G has used corporate seal without the consent or approval of the defendant's consent, and affixed the seal on the instant loan contract.

Defendant did not appear to accompany to the place where the above contract was concluded, but did not know of the fact that the contract was concluded.

Therefore, the defendant only prepares and submits a true complaint, but does not report false facts.

3. Determination

(a) The offense of false accusation is false in contravention of objective truth, reported by another person for the purpose of having a criminal or disciplinary punishment imposed upon him;

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