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(영문) 의정부지방법원 2016.06.30 2015고단2801
무고
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant, as the representative director of D, engaged in food waste treatment business, concluded a real estate lease agreement with G around January 15, 2013 to operate a mountain farm using the above food waste as feed, and to two parcels of land and six buildings constructed on the ground of E and E (hereinafter “instant farm”), which are owned by E and E, and concluded a real estate lease agreement with respect to the operation of the mountain farm while operating the mountain farm. Moreover, there was no experience in operating the mountain farm while foreign workers escape, etc., and the problem of operating the mountain farm as well as the difficulty in running the mountain farm as well as the waste treatment business together. On account of the fact that it was difficult for foreign workers to operate the mountain farm as well as the waste treatment business, the Defendant: (a) concluded a real estate lease agreement with respect to the use of and the right to profit from the farm of this case; and (b) concluded the food lease agreement with G to continue disposing of wastes only; and (c) thereafter, (d) operated the mountain farm in this case.

On February 10, 2014, E filed a lawsuit against the Defendant and G on the ground of the violation of the special agreement on the prohibition of sub-lease. On November 16, 2014, the Defendant filed a false complaint with the court stating that “A (Defendant) delegated the management of mountain mountain and spawal facilities that “A (Defendant) was raised in the building of this case to G,” and that “A (Defendant) delegated the management of mountain mountain and spawal facilities that were raised in the building of this case to G, and there was no sub-lease of the farm of this case, even though E was well aware of the fact that E had well known that there was no false cause of claim, the Defendant filed a lawsuit with the court, but failed to commit an attempted crime by withdrawing the lawsuit.”

As a result, the defendant filed a false complaint with the investigation agency for the purpose of having a criminal punishment against E.

Summary of Evidence

1. Legal statement of witness G;

1. Legal statements of E in the second public trial records;

1. A complaint, a real estate lease contract, a certified copy of the register, a livestock farming business registration certificate, and a warden; and

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