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(영문) 울산지방법원 2014.02.20 2013고단3313
무고
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around December 27, 2012, the Defendant: (a) at the Ulsan District Public Prosecutor’s Office civil petition office located in Dong-dong, Ulsan-gu, Ulsan-do; (b) on April 2, 2009, the Defendant loaned the amount of KRW 30 million to the complainant on the first floor of the D building in Ulsan-gu, Ulsan-do, U.S., and (c) provided a written confirmation to receive the above amount from the complainant; (b) however, the Defendant was willing to receive the above amount by double repayment and receive it by using the fact that the complainant could not have enough base base due to various difficult circumstances; and (c) around June 8, 2010, the Defendant requested the complainant to obtain the above amount of KRW 30 million from the complainant by using an opportunity to receive the above sales price of the building from the complainant, and then requested the complainant to obtain the above amount of KRW 30 million,000,000,000,000 from E and to obtain it from 30,000.

However, in fact, C lent KRW 30 million to the Defendant around April 2, 2009, but around May 9, 2009, C loaned KRW 20 million to the Defendant again on or around July 13, 2009, which was immediately following the loaning KRW 30 million to the Defendant, but on or around April 2010, C was not paid KRW 10 million and was not paid the remainder of KRW 30 million. Accordingly, on or around June 8, 2010, C was paid the purchase price of the above building by F, and C was paid KRW 30 million in the settlement of claims and obligations between the Defendant and E under the confirmation of E.

Nevertheless, for the purpose of having C receive criminal punishment, the defendant made a complaint stating false facts as above, and submitted it to the Ulsan District Prosecutors' Office civil service offices, thereby making C not guilty.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. A complaint filed by the defendant.

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