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(영문) 인천지방법원 2020.09.24 2020노569

무고

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (fact-finding) C acted as if the Defendant were to enter into a marriage, and thereby, he borrowed money from the Defendant and transferred KRW 12 million to the Defendant without the Defendant’s consent. The Defendant did not dismiss C and D due to false facts.

2. Determination

A. The Defendant asserted to the same effect in the lower court’s judgment, and the lower court rejected the Defendant’s assertion on this point on the following grounds.

Since the criminal intent in the crime of false accusation is not necessarily required to be a conclusive intentional but is sufficient to be dolusent intentionally, the crime of false accusation is established by reporting the fact that the reporting person is true, and it does not require conviction that the reported fact is false, and in the crime of false accusation, “the purpose of having another person subject to criminal or disciplinary punishment” in the crime of false accusation is sufficient if there is a perception that the other person would be subject to criminal or disciplinary punishment, and it does not require that the result would be caused.

In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the defendant filed the complaint of this case with the same content as the criminal facts stated in the judgment, although he was well aware that the defendant would be married in collusion with D and would have obtained money, such as 11 million won and half and balles, or transferred 12 million won to his father's account by using the Defendant's card password, and was not stolen. It is reasonable to view that the defendant did not have any negligence in reporting false facts for the purpose of having another person punished.

1. C became aware of the Defendant in an investigative agency and this court through a 's seal', and on August 2017 from the Defendant.