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(영문) 인천지방법원 2017.02.17 2016고단1245
무고등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On April 16, 2015, Defendant 1245, Defendant 2016, and BA submitted a fixed statement of the contents of the complaint that “For the purpose of having EG subject to criminal punishment at the Busan Coast Guard Station, around July 2015, the Defendant would recover money lost by EG from a private gambling room operated by EG around July 2014, and would be punished because BG borrowed KRW 5 million from BA under the name of money without changing it,” and BA prepared and submitted a written statement of complaint on April 21, 2015.

However, in fact, there was no fact that EG borrowed money from BA.

Accordingly, the defendant and the BA reported false facts to public offices for the purpose of having the EG criminal punishment.

On March 1, 2015, Defendant 2016, who actually runs a stock company EH located in Busan, Busan, and concluded a vehicle lease contract with vehicle consumption amounting to KRW 19,500,000, monthly rent of KRW 450,000, when the vehicle consumption was made between the employees of the victim JJ corporation in front of Gwangju, as well as the actual operator of the corporation, around March 1, 2015. However, the Defendant did not have any intent or ability to pay a monthly rent for a vehicle with KRW 19,50,000, monthly rent of KRW 48 months and KRW 450,000, while taking over a stock company. However, in fact, the Defendant did not pay the acquisition price of KRW 50,00,00,000 as the acquisition price was not paid as well as the corporate operating fund was not paid separately, even if it was given a loan under the name of the corporation

The Defendant deceptioned the victim as such, and received the EJ cruise vehicle equivalent to KRW 19,500,000 from the injured party.

Summary of Evidence

2016 Highest 1245

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Each protocol concerning the examination of suspects of the prosecution against EG and BA;

1. A complaint, or withdrawal of complaint, 2016 high group 1505;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1.Each of D and A.

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