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(영문) 부산지방법원 동부지원 2016.06.29 2015고단2491
무고
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On May 2010, the Defendant: (a) established, around September 2010, the K Medical Foundation F convalescent Hospital (hereinafter “instant hospital”) located in Suwon-gu, Busan (hereinafter “U.S.”) and (b) received KRW 400 million from G to settle the said debt by transferring the instant hospital around October 2013; (c) however, G paid KRW 200,000,000,000,000 from G to pay the said debt; (d) while operating the instant hospital after changing the name of the instant hospital, it was not good for G to pay the remainder of 200,000,000 won; and (e) H was a public official who was in charge of affairs related to the change of the name of the instant hospital from August 2009 to July 2014, who was working for the medical corporation in charge of affairs related to the change of the name of the Plaintiff, and (e) changed the name of the instant hospital as a public official, or received the said G’s bribe under its name by forging.

False accusation was made with the mind that the change in the name of the instant hospital becomes null and void or G would pay KRW 200 million to itself, and that there was an attempt to file a false complaint as follows.

On April 15, 2015, the Defendant prepared a false complaint with respect to G through the attorney-at-law at the office of law firm B located in Busan Seo-gu, Busan, through his/her attorney-at-law, and submitted the above complaint to the public service offices of the branch office of the Busan District Public Prosecutor's Office located in 112 Doo-ro 112, from May 21, 2015. On June 15, 2015, the Defendant prepared a statement to supplement false complaint with respect to G and H through his/her attorney-at-law at the office of the law firm B located in the above office of law firm B, and submitted the supplementary statement to the Busan Public Prosecutor's Office located in 319 times as of June 15, 2015, and around 14:00 on the same day, the investigation of the above police station and the office of the above head of the intelligence team belonging to K at the above office of the police station.

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