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(영문) 춘천지방법원 원주지원 2013.03.19 2012고단949
무고등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 11, 2012, the Defendant was sentenced to a suspended sentence of two years for a term of imprisonment with prison labor for a crime of false accusation, etc. at the original branch of the Chuncheon District Court, and the judgment became final and conclusive on December 19, 2012.

around September 2012, the Defendant prepared a complaint against D at the office of a licensed administrative agent where the name of the original city C is unknown.

A written complaint is that “(10,100,000 won was deposited and used while the Defendant created and used the KB National Bank Account (F) in the name of employee E. D, D, which became aware of, withdrawn and used the said deposit; ② D’s embezzlement of KRW 16,240,000,000, which was paid to the Defendant’s company (I) in June and July 2, 2012 by the Defendant’s company, without paying the amount of KRW 16,240,000,000, which was paid to the Defendant’s company (I). ③ When D is in the Defendant’s husband and wife, D embezzled without returning to the Defendant while being kept in custody of KRW 20,000,000,000, the amount of sales of the automobile (KB) owned by the Defendant, without returning to the Defendant.”

However, the facts are as follows: ① KRW 10,100,000, which was deposited into the above E’s account, deposited the sale price of the said K Nata car, which was owned by D, into the E’s account at will by the Defendant; ② the said money was not owned by the Defendant; ② the Defendant was a company that was substantially closed since no transaction was conducted at the time; ② the service cost of KRW 16,240,000 was paid to D under a contract with H and a legitimate receipt; ③ the said apartment was owned by D prior to the Defendant’s marriage with D and the said deposit was leased on February 15, 2012, which was subsequent to the divorce with D and received by D, and ④ the said money was not related to the Defendant.

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