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(영문) 서울중앙지방법원 2013.12.12 2013노3724

무고등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the crime of false accusation on January 2, 2012, the Defendant: (a) stated the charge of false accusation on January 2, 2012, 19; (b) stated the Defendant’s withdrawal of KRW 50 million in cash from the head of the deposit office of management expenses on November 8, 2010 and did not conceal and recover the fact; and (c) E embezzled the funds of Section C, while E has been working overseas traveled from December 26, 2010 to January 8, 201, the travel expenses at that time are presumed to have been used for the embezzlement funds.

In light of the fact that there was no conclusive complaint that the Defendant used the embezzlement fund as travel expenses, and the Defendant filed a complaint with the temporary administrator E on December 19, 2010 to the effect that the temporary administrator E did not take any measures on the embezzlement case in which cash 50 million won was withdrawn from the passbook of the management expenses on November 8, 2010 constitutes an act of breach of trust as a manager, etc., the lower court found the Defendant guilty even though the Defendant’s complaint against E cannot be deemed a false complaint. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2 With respect to the crime of false accusation on February 7, 2012, G filed a complaint on July 11, 201 with respect to the dismissal of the auditor at the 3rd Session meeting on July 11, 201, which was found by G as the office of the defendant on July 12, 2011, and the defendant was demanded to leave. However, G was in order to remove the ebbbbbage by G, and its staff was removed. Dur this process, G reported the 112 report, and requested the punishment of the defendant and I at the police station, and it was alleged that G’s request for such punishment was nonexistent, and in fact, G received a simple medical examination at the hospital on July 13, 2012, and submitted a medical certificate issued, but it cannot be viewed as having actually suffered an injury at the hospital that requires medical treatment during the day.