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(영문) 제주지방법원 2018.11.02 2017고단1361 (1)
무고
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On October 17, 2016, the Defendant: (a) from C (the owner from November 25, 2016 to the owner at the time of the agreement, and the mother D’s agent who was the owner at the time of the agreement) the owner of Seopo-si B (hereinafter “instant land”); (b) decided to harvest smuggling from the smuggling trees planted on the instant land until November 8, 2016; (c) paid KRW 20 million to C; and (d) harvested all tights worth goods.

After that, C sought prior understanding from the Defendant on the fact that part of the smuggling should be cut off due to the relation that the warehouse installed in the instant land should be removed and the new warehouse should be newly constructed. On November 27, 2016, the Defendant sent letters to C around 2016.

The answer was sent to the purport that “Grains (the word, “the strawer’s life,” which is used in the meaning of negligence more than other negligence, is harvested, so the inside is debrised, and the tree, which is tightly and pushed down, will be cut.”

After that, C cut about 10 glue trees on the ground of this case, and there was a dispute over the receipt of the remainder KRW 10 million from the Defendant.

Around December 28, 2016, the Defendant (hereinafter “C”) submitted a written complaint to the civil petition office of the Seocho-gu Police Station located in the Seocho-gu Office of the Republic of Korea (hereinafter “SP”) to the effect that: (a) the Defendant ought to be cut off the number of smuggling trees, which is the subject of the right to harvest smuggling acquired from C; and (b) the Defendant had consented thereto; (c) the dispute arises due to the payment of the remainder; and (d) at the same time, C acquired the right to harvested trees owned by C around October 17, 2016 for the purpose of having C subject to criminal punishment, and (d) around December 201, 2016, C submitted a written complaint to the effect that “A would punish the destruction of smuggling trees without consent from C.”

2. Determination

A. Criminal facts in a criminal trial are charges to the extent that there is no room for a judge to make a reasonable doubt.

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