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(영문) 대전지방법원 2013.05.23 2012고단2661
무고
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On January 21, 2010, the Defendant submitted a written complaint to the public service center of the Daejeon District Public Prosecutor's Office stating that "C and D sell shares of Co., Ltd. (hereinafter "the instant company") owned by the petitioner for 14 times through 14 times and embezzled an amount equivalent to KRW 4,491,312,890." On June 24, 2010, the public service center of the Incheon Public Prosecutor's Office submitted a written complaint to the public prosecutor's office of the Incheon Public Prosecutor's Office that "C, the respondent, sold 10,429 shares of the instant company owned by the complainant for 427,067,550 won, and sold 530,03 shares over nine times until February 18, 2008, the sum of the sale proceeds, 6,386,481, and 201 won were punished." The Defendant submitted the above complaint to Daejeon Public Prosecutor's office's public prosecutor's office's name and applied the above Chapter 201.

However, there was no fact that C and D have embezzled the sales price of the above shares because C had nominal trust with the defendant.

Nevertheless, the Defendant filed a false complaint with C and D for the purpose of having C and D subject to criminal punishment, and filed C and D with the intent of having C and D receive criminal punishment.

2. Defendant's assertion;

A. 272,00 shares of the instant company, which were registered in the name of the Defendant, are shares owned by the Defendant that the Defendant acquired under the following circumstances.

(1) Around December 27, 1982, the Defendant’s attached netF invested KRW 40 million in the instant company (the trade name at the time, “stock company G”) operated by C, and C transferred the Defendant 4,500 shares of the said company five times from May 20, 1987 to December 12, 191, with respect to the investment amount of KRW 45 million, including interest.

(2) On August 25, 1993, the Defendant established a right to lease on a deposit basis on an apartment house, which had been ordered as a U.S. branch office, before leaving the Republic of Korea to work, and received a deposit of 35 million won, and invested in the above company. C shall be inheritance tax out of the above amount.

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