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(영문) 부산지방법원 2014.11.26 2014고정2208
무고
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged was that the Defendant lent money to D and E, a person who operated a unregistered credit business and worked as a member of the organization of the past C, but was unable to receive the money, the Defendant was willing to report false damage with the aim of having D and E criminal punishment.

Accordingly, around 17:00 on June 10, 2013, the Defendant was present at the Busan Southern-dong Police Station in Busan-dong, Busan-dong, as a victim, and was investigated. On May 10, 201, the Defendant stated to the effect that “D provided BMW vehicle as a security for the amount of KRW 15 million borrowed money, and thereafter D will take care of the male who is E and the East F (F name) without paying money by threatening it.”

However, in fact, around May 201, the above F was related to D and E at the time of returning the above BMW vehicle to D and E, and D and E promised to pay the money, and they did not have been threatened on the ground of organized violence, and there was no fact that the defendant was threatened by intimidation from D and E, and there was no fact that the defendant was the victim of intimidation from D and E.

Therefore, the above defendant did not dismiss D and E for the purpose of criminal punishment against D and E.

2. The burden of proof of criminal facts prosecuted in a criminal trial for a judgment is the prosecutor, and the conviction of guilt is based on evidence with probative value, which makes a judge not having reasonable doubt as to the facts charged, to the extent that the facts charged are true. Thus, if there is no evidence to form such a degree of conviction, the defendant is suspected of guilty even if there is no evidence to establish such a degree

Even if there is no choice but to judge the interests of the defendant.

(see, e.g., Supreme Court Decisions 2006Do1716, May 26, 2006; 2007Do163, Nov. 30, 2007). The evidence duly adopted and examined by the court is as follows.

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