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(영문) 서울북부지방법원 2013.03.14 2012노1408
무고
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the facts charged was that the Defendant was a pharmacist from around A, 2010, on condition that the F Pharmacy D leased and operated a building located in Jin-gu, Busan, Jin-gu E, under the condition that he would be subject to eight million won per month.

D around February 2011, the F Pharmacy building was purchased, resulting in financial difficulties, and the supply of medicine was at the risk of suspending the supply of medicine to G pharmaceutical companies which are the main clients, and around March 2011, the Defendant requested the change of the name of the F Pharmacy to the Defendant.

Upon the above request of D, the Defendant accepted it, and the Defendant still received KRW 8 million a month between D and prepared an agreement confirming that D’s obligation is not related to the Defendant himself/herself (hereinafter “instant agreement”).

D continues fiscal difficulties, F Pharmacy buildings were managed and trusted to H, and the above H, by June 24, 201, called F Pharmacy buildings to be non-consigned until June 24, 201 in order to lease the building for other purposes efficiently. D requested that the Defendant use F Pharmacy buildings by June 24, 201, but the Defendant rejected it.

D Accordingly, F Pharmacy building is in the crisis of being executed by creditors, and the defendant occupied drugs and stuffs, etc. while working as a pharmacist at the same place, and did not return them. On June 28, 2011, on July 12, 2011, the F Pharmacy building was forced to open the door of the F Pharmacy and transferred medicines and gyms, etc. being kept in its custody to the underground floor of the F Pharmacy building.

On June 29, 201, the defendant stolen drugs equivalent to approximately KRW 490 million, owned by the defendant at the public service center of the Busan Police Station on June 29, 201 for the purpose of having D punished criminal punishment, and stolen drugs equivalent to KRW 40 million, which D owned by the defendant, on July 5, 2011, at the public service center of the above police station on July 5, 201, it is false to punish D, because D stolen drugs equivalent to KRW 40,00,00,000, which are owned by the defendant.

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