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(영문) 서울중앙지방법원 2014.08.14 2013고단2751
무고
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The facts charged [criminal record] on December 9, 2009, the Defendant was sentenced to a suspended sentence of two years in Seoul High Court on February 25, 2010 to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and a crime of fraud, and the judgment became final and conclusive on February 25, 2010. On January 19, 2012, the Seoul Central District Court sentenced the Defendant to a suspended sentence of six months for larceny, and the judgment became final and conclusive on March 6, 2012.

【Criminal Facts】

The Defendant was the representative director of C, a corporation from September 7, 2005 to September 7, 2008, and from January 20, 2009 to March 16, 2009.

Around January 2012, the Defendant drafted a false complaint against F, G, H, and I at the legal office of the 501 attorney-at-law in Seocho-gu Seoul Metropolitan Government (Attorney E-at-law).

A written complaint states that “A, the representative director of the CC Co., Ltd., and G, a representative director of H, in collusion with F, G, H, and I, used at will a business agreement to use the name of the defendant and to use the name of the K K Co., Ltd., the Foundation Foundation, and submitted it to exercise a notarized act on December 1, 2008.”

However, the facts were that the defendant voluntarily sealed the above business agreement, and F, G, H, and I did not forge the business agreement in the name of the defendant.

Nevertheless, on January 2, 2012, the defendant submitted the above complaint to the public prosecutor's office's office in Seoul Central Public Prosecutor's Office in 158, whose name is not known, according to the distribution of Seocho-gu Seoul Metropolitan Government.

In this respect, the defendant was committed for the purpose of having F, G, H, and I receive criminal punishment.

2. The crime of false accusation is established when the reported fact goes against the objective truth with the intention of having another person subject to criminal punishment or disciplinary disposition, and there should be positive proof as to the fact that the reported fact goes against the objective truth.

The fact that the report is true shall not be recognized.

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