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(영문) 수원지방법원 성남지원 2014.05.15 2014고정73
무고
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in this case was found to the effect that the Defendant: (a) while operating Gwangju City and D Company E, the voluntary auction procedure for the company’s factory building and its site was initiated; and (b) the F Management Company G was awarded a successful bid for the above factory building and its site; (c) on November 5, 2012, the Defendant appeared in his office to the effect that he interfered with the business of G with the order of his employees to install gates at the above factory building and its site; (d) on the same day and its site, the Defendant made a false statement to the effect that “F would not be subject to criminal punishment; (e) the Defendant would not be subject to criminal punishment against the Defendant; (e) the Defendant would have been able to use the FF 20 mar service capacity to use the 20 mar, thereby making the Defendant appear in his office and made a false statement to the effect that he would be subject to criminal punishment; and (e) the Defendant would have 15 marnished the Defendant’s 2.

2. Determination

A. The crime of false accusation is established when the reported fact goes against the objective truth with the intention of having another person subject to criminal punishment or disciplinary disposition. As such, the requirement that the reported fact goes against the objective truth requires positive proof, and that the reported fact goes against the objective truth, solely with the passive proof that the authenticity of the reported fact cannot be recognized, readily concluding that the reported fact goes against the objective truth.

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