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(영문) 서울북부지방법원 2016.02.17 2015고정1837
무고
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 10, 2015, the Defendant filed a complaint with the purport of having D residing in the Jung-gu Seoul Metropolitan Government, Seocheon-gu, Seocheon-gu, Seocheon-gu, 631, and having D residing in the Seoul Metropolitan Government, who was the Defendant’s friendship, receive criminal punishment. The Defendant filed a complaint with the purport that “D, the Defendant, who was the Defendant, was able to investigate and punish the Defendant, while managing the E Housing Operation 301 around June 2010, while the lease contract was terminated and paid KRW 5 million out of KRW 10 million, as the lessee returned the lease deposit, even if the lease contract was terminated and paid KRW 10 million out of KRW 10 million,000,000,000 to the Defendant, and instead returned the remainder of KRW 5 million to the Defendant.”

However, on June 19, 2009, the defendant leased the above E-Housing Operation 301, which was owned by the defendant, to F on the condition that he would receive KRW 10 million monthly deposit, and on June 8, 2010, he filed a false complaint with the defendant, despite the fact that the lease contract was terminated on the condition that he would receive KRW 4 million monthly deposit, five million out of the deposit amount of KRW 10 million shall be returned directly by the defendant to the above F, and the remaining deposit amount of KRW 5 million shall be returned to the above F on behalf of the defendant, and the defendant later remitted the deposit amount of KRW 5 million to the above D, and the above D did not request the defendant to obtain KRW 10 million, and the defendant did not have acquired KRW 5 million by deceiving the defendant.

Accordingly, the defendant reported false facts to the above Bupyeong-gu Police Station and filed a false complaint with the above D.

Summary of Evidence

1. Partial statement of the defendant concerning the defendant in the protocol of interrogation of the suspect against each prosecutor;

1. Entry of D in the second examination protocol of the suspect against the accused in the suspect examination protocol;

1. A protocol concerning examination of the suspect of the police with regard to D (including the statement of the defendant during the second examination);

1. Statement made by the police against the defendant;

1. A full statement of transactions in the name of G (agricultural Cooperatives and Saemaul Cooperatives);

1. Application of the Acts and subordinate statutes to the complaint;

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