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(영문) 서울동부지방법원 2019.03.27 2017고단4310
무고
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Basic Facts

Around April 2016, the Defendant borrowed a total of KRW 500 million from B to take over D (hereinafter “D”) located in Gangdong-gu Seoul Metropolitan Government (hereinafter “D”). The Defendant lost its ownership due to its failure to repay the loan by the agreed deadline for the repayment of the loan. Around March 2017, the Defendant filed a complaint against B due to fraud regarding the said loan.

Criminal facts

On June 5, 2017, the Defendant: “Defendant E is a person working in D, and KRW 737,000 on March 10, 2017;

3.11. Gold 2,00,000 Won and Gold 172,000;

3.12. Gold 1,226,00 won, gold 850,000 won and gold 2,856,000 won and 7,841,000 won.

"Preparation and submission of a complaint containing the contents, and on June 28, 2017, the investigation of the Seoul Gangseo Police Station and the economic 2 team office made a statement of damage as above.

However, on March 10, 2017, KRW 737,000 among the above amounts, and

3.1 November 198 172,00 won was paid by F, the defendant and his wife;

3. 11.11. 2,00,000 won, as the particulars directly disbursed by F for work costs, are merely recorded in books; and

3. As of December 12, 198, the amount of KRW 1,226,00, KRW 850,000, and KRW 2,856,000 as of KRW 1,226,00 and KRW 2,856,00 are all the expenses related to the above friendship or operation with the confirmation of the Defendant by the Defendant’s employee, and they were aware that E

Nevertheless, the defendant was arrested for the purpose of having E receive criminal punishment.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Each police suspect interrogation protocol (including comparison) of E;

1. Application of Acts and subordinate statutes of each investigation report and accompanying materials (22,24,26);

1. Penalty provisions: Article 156 of the Criminal Act and choice of imprisonment;

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