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(영문) 청주지방법원 영동지원 2017.10.12 2016고단137
무고
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 5, 2015, the Defendant prepared a written complaint on D and E with computers from the Defendant’s office located in Cheongsung-si B and C, and sent it by mail around January 4, 2016, and sent it by mail to the Young-dong branch office of the Cheong-si District Public Prosecutor’s Office on January 5, 2016.

The statement of the complaint was that "Defendant C and E entered into a service contract with the purport that they will produce fiberss and clothing and supply them to the complainants with natural fiber hairs as raw yarns even though they did not have the ability or intent to supply the raw yarns produced from the complainants at the time, and they would be punished for remitting KRW 12,750,000 as raw metal on November 27, 2014."

After that, on February 11, 2016, the Defendant sent a photograph of the details of the process to the Yancheon-gun Office in the investigation of the Yancheon-gun Police Station and the Intelligent Team Office located in the center of the Yancheon-gun, Yancheon-gun, the Defendant received the aforementioned advance payment but did not perform any work thereafter, and sent it by affixing a photograph of the details of the progress.

In other words, it was refused or refused to use technology, and there was no request to present documentary evidence, such as tax invoices purchased from the headquarters, so D and E stated that they did not have any intention or ability to supply the original parts and clothing produced from the headquarters of the city to oneself. On April 6, 2016, the investigation of the Yancheon Police Station and the intelligence team office at the above Chungcheongbuk-do Police Team office, submitted the details of advance payment to the Government to pay part payments to D and E. Since the service contract was suspended due to the failure to provide the use of the above advance payment and its supporting materials, D and E had no intention or ability to supply the original parts and clothing produced from the headquarters of the city to oneself.

However, in fact, D and E are preparing for the delivery to the defendant by forming the original contractor in accordance with the terms of the service contract, but the defendant did not pay part payments, and the defendant did not pay part payments to D and E.

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