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(영문) 대구지방법원 2020.01.15 2019고단2990
무고
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 23, 2014, the Defendant was an employee of Daegu Bm, who was engaged in vehicle security loan business, and was provided by E with a car of 36 million won (including a prior interest of 1.8 million won) at the office of “D” in which the Defendant was working by the Defendant located in Seogu Daegu-gu, Daegu-gu (hereinafter “D”), and was provided with a car of 1.6 million won as security.

However, since the said bents’ automobiles were leased by G Co., Ltd. in the name of H around November 26, 2013, it was impossible to perform an act of disposal, such as transfer and provision of security, without the consent of G, and the Defendant was well aware of such circumstances and received as a security.

On March 15, 2018, the Defendant recovered from G on the ground that the said bents’ car is a stolen and lost vehicle, and was not detained in the Daegu District Court on June 15, 2018 due to the charge of acquiring stolen goods against the act of acquiring the said bents’ car as collateral, etc., the Defendant used the said bents’ car to receive money by pressure via criminal complaint.

The Defendant, without G’s consent, knew of the circumstances that E would provide the said Benz car as a security, and was unaware of who was the owner of the security from E. However, on June 25, 2018, the Defendant received a complaint from the public service center of the Daegu Southern-gu Police Station, Daegu-gu, Daegu-gu, 249, “Defendant E borrowed KRW 36 million from the complainant on July 23, 2014, and provided Fenz car as a security. In fact, the said car was acquired by deceiving the complainant as if the Defendant was a vehicle leased from G, even if it was possible to arbitrarily dispose of the vehicle, and by deceiving the complainant as if it was possible to dispose of the vehicle, it would be subject to criminal punishment for fraud.” On July 17, 2018, the Defendant appeared at the office of the Daegu Southern Police Station, Daegu-gu, Seoul-gu, and made a statement to the purport as above, and made a statement to the Justice to the effect that it was present.

Accordingly, the defendant is E.

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