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(영문) 대전지방법원 천안지원 2017.04.14 2016고단2706
무고
Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 29, 2012, the Defendant entered into a sales contract with E, E’s husband D, and the KF management rights and the KMG G located in Daejeon-gu Daejeon-gu, Daejeon-gu, Seoul-gu, and entered into a sales contract with E on May 31, 2013, and made the transfer of ownership and possession of the main plant to E on June 10, 2013, while bringing profits from the sale of the bee of the bee produced until June 10, 2013, the Defendant was liable for the outstanding amount, national taxes, taxes, public charges, etc. up to that time.

On November 29, 2013, the date of the payment of the balance, the Defendant drafted a written performance statement stating that the Defendant is liable for all outstanding amounts (including rice and fermentation materials), national taxes, taxes, public charges, and civil and criminal charges arising from the Defendant’s operation of the Company F until June 10, 2013 at the request of E and D, which had concerns over disputes over the payment of outstanding amounts, and upon the request of E and D.

E and D, around September 10, 2014, refused to pay a total of KRW 19,248,000 of the outstanding amount on rice and fermented products generated prior to around June 10, 2013, the Defendant filed a lawsuit claiming an agreed amount of KRW 19,248,000 against the Defendant on behalf of the Defendant after being urged to pay the outstanding amount several occasions by the trading company. On February 16, 2016, the Defendant filed a lawsuit claiming the agreed amount of KRW 19,248,00 of the outstanding amount as stated in the above written performance.

Accordingly, the Defendant did not pay the above KRW 19,248,00 for the purpose of not paying the above KRW 19,248,000, and the Defendant did not have prepared a performance letter together with E and D, but did not intend to make a false accusation as if D forged the performance letter.

Defendant on April 4, 2016 and the same year

5. The phrase “as of April 4, 2016,” written in the indictment of around 24, 201, is “as of April 4, 2016 and as of April 4, 2016.”

5. On May 24, 201, it appears that the Defendant was a clerical error in the letter of complaint containing D (the date on which the Defendant was prepared and submitted to the Defendant’s Prosecutor, the date on May 24, 2016, the date on which evidence was submitted) of the Defendant’s home located in Daejeon Dong-gu, Daejeon, the Defendant’s home, and E and D, with a view to having the Defendant subject to criminal punishment, using a computer.

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