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(영문) 광주지방법원 2015.07.01 2014고정1161
무고
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant did not enter into an employment contract with D operating the LA and the fixed business in which the defendant received the benefits of KRW 2,500,000 every month, and did not have been employed as an employee.

Nevertheless, around November 13, 2013, the Defendant prepared a false statement to the effect that “the Defendant was unable to receive wages from D” in the form of a petition kept at the Gwangju High-Tech, 208-ro 43, Gwangju High-Tech, Gwangju High-Tech, 208, using a verification-style pen, and submitted it to an employee who could not know his name. On December 11, 2013, the Defendant appeared at the above Employment and Labor Office and stated to the effect that “D and monthly salary 2.5 million won were agreed to receive, and that “the Defendant was not paid a monthly wage even if he had performed a work for about one year.”

In this respect, the defendant was arrested for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. A protocol concerning the examination of the accused by the prosecution (including a cross-examination);

1. Each police statement made to D or F;

1. According to the defendant's petition, the authenticity statement, and the authenticity statement (Simplified), the defendant made a false statement to the Labor Agency that he was not paid wages to the victim, and that he was not paid the victim's wages. The defendant was in a relationship with the victim's office in which he was friendly with the victim's ordinary meeting and exchanged with each other with each other with each other. On the other hand, the defendant was in a space in the victim's office and was produced and used as if he was an employee of the company operated by the victim, and did not have concluded a labor contract in a regular manner. However, there was a dispute over the expenses of the interior works of the building requested by the victim.

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