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(영문) 서울남부지방법원 2017.01.12 2016고단1314
무고
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Criminal facts

Defendant, as an incorporated association, D (hereinafter referred to as “D”).

A representative, as an incorporated association, around May 2014 (hereinafter referred to as E).

While being in charge of the chief vice-chairperson's office, D operated a farming club in D.

F At the request of F to the effect that “the 14th G Games-related funds required for the Games are invited to be operated well and the funds are used for the E office operating expenses after the Games are left for the Games,” and upon the request of F to the effect that “the 14th G Games-related funds required for the holding and operation of the 14th G Games are comprehensively delegated, and the accounts were in charge of D.

H From June 2014, the Defendant had H concurrently carry out the accounts of E. The following facts: (a) the Defendant instructed H to make part of the difference as D’s non-funds by means of double preparation of transaction statements at the time of executing the said G Games-related funds; and (b) the F was well aware of the fact that it was not involved in the preparation of the aforementioned double transaction specifications or the process of raising D funds, and that it was not aware of the details thereof; (c) on May 2015, F and H sent the text message that F and H had its members deposit the membership fees of the farming club, the only revenue cause of D, into the account of E account; and (d) the Defendant was willing to make a false accusation against F and H.

Accordingly, the Defendant, around September 9, 2015, prepared a false accusation stating the purport that “F shall be subject to criminal punishment, in collusion with the Seoul Southern District Public Prosecutor’s Office, the Seoul Southern District Public Prosecutor’s Office, 390 Seoul Southern District Public Prosecutor’s Office, and F, “F will be punished by receiving the difference from the E’s operating fund by double preparing a transaction statement concerning the holding of the G Games, and processing the amount less than the amount actually paid to the customer,” thereby making it a false accusation statement to the effect that “F and H will be punished.”

Summary of Evidence

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