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(영문) 수원지방법원 2019.01.29 2018고단1835
무고
Text

The defendant is not guilty, and the summary of the above judgment is publicly notified.

Reasons

1. Summary of the facts charged

A. On March 18, 2016, the Defendant, without filing a false complaint with respect to B, at the Defendant’s residence located in Seocho-gu Seoul Metropolitan Government, drafted a false complaint with respect to B.

The complaint states that “B was present as a witness in the case such as Suwon District Court 201Gahap12425, and testified that the Defendant was aware of the investment,” or that “B made false testimony by investing in D and E and F, and paid KRW 400 million in the sales contract amount G 2,086m2,00,086m2 (hereinafter “instant real estate”), and later D did not have invested in the Defendant at the time of purchase of the instant real estate by selling part of the instant real estate or lending the remainder as collateral. As such, it was not false testimony as to whether B made a true testimony or not, and as the Defendant was acting as a broker for the said sale, it was well aware of such fact.

Nevertheless, the Defendant submitted the written complaint to an employee whose name is unknown at the Seocho Police Station located in Seocho-gu Seoul on the same day, and received an investigation from the complainant on May 26, 2016 by the above Seocho Police Station, and made a false statement to the effect that “The Defendant paid the remainder of KRW 300 million out of the down payment amount at the time he purchased the instant real estate, and B testified as above.”

As a result, the Defendant reported false facts to public offices for the purpose of having them sentenced to criminal punishment B.

B. On March 18, 2016, the Defendant drafted a false complaint against H in the Defendant’s residence located in Seocho-gu Seoul Metropolitan Government, and prepared a false complaint against H.

The statement of the complaint refers to the prosecutor's question that "I do not have any fact that the defendant made a witness to pay money like D, and there is no fact that the defendant made a witness to commit a fraudulent act" while attending the case as a witness with no accusation against the defendant of Suwon District Court 2012 Godan76."

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