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(영문) 서울서부지방법원 2016.09.22 2016고정173
무고
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 2014, 2014, the Defendant drafted a complaint with the Defendant as the complainant, and F and G as the Defendant, in the operation of Defendant E in Eunpyeong-gu Seoul, Seoul.

The contents of the written complaint include that “Defendant Claimant, although there is no construction cost to be received from the complainant, had the complainant prepare a document of monetary consumption of 150 million won and a letter of payment for the construction cost, by deceiving the complainant, and had the complainant accept the transfer of the claim by deceiving the complainant while transferring the above claim to H. In so doing, Defendant Appellant exempted the complainant from the obligation to H, and caused the complainant to bear the obligation to H, thereby punishing the Defendant Appellant as a crime of fraud.”

However, the fact is that the construction cost to be paid to the above F, etc. is about KRW 150 million, and the defendant promised to pay it, and prepared a certificate of monetary consumption lending and lending contract and a letter of payment for the construction cost, and when the F, etc. transfers the claim for the construction cost to H, it was aware that the F, etc. should pay it to H by accepting the transfer of the claim as the debtor against F, etc., and signed and sealed it in the column of the debtor of the contract for the transfer of the claim.

Nevertheless, on December 1, 2014, the defendant prepared a false complaint with the aim of having F et al. criminal punishment, and submitted it to the civil petition office of the Seoul Western District Public Prosecutor's Office located in Mapo-gu Seoul Mapo-gu, Seoul, to the civil petitioner under his name.

Accordingly, the Defendant brought F and G with each other.

Summary of Evidence

1. Each legal statement of witness F and I;

1. Protocols of examination of witnesses of this court concerning G witnesses of this court;

1. Statement of the complaint filed and the police statement made to the defendant;

1. Statement made to I by the police;

1. Contracts for transfer of bonds, certificates of process, and written payment for construction cost;

1. A statement of accounts payable for construction expenses, a statement of accounts for construction expenses, and a statement of accounts of construction expenses;

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