beta
(영문) 대전지방법원 2016.12.14 2016노172

무고

Text

The defendant's appeal is dismissed.

Reasons

1. On January 25, 201, the summary of the grounds for appeal reveals that the Defendant is able to take up 49 infants only by G Child Care Center located in Grade I, H, and D, Daejeon (hereinafter “instant Child Care Center”), and later, concluded a lease contract on the said Child Care Center as he/she wishes to have ownership of the said Child Care Center transferred. In addition, 49 infants may take care of the said infant by combining the said Child Care Center and the instant Child Care Center on the land in the Daejeon-gu, Daejeon-gu, Daejeon-gu, and Daejeon-gu.

or 49 child care centers have not been heard that the child care center may be extended, but the child care center may be taken up.

Therefore, it is clear that the above I, H, and D deceiving the defendant to enter into a lease contract with the defendant and acquired the money by fraud. Therefore, it is not unreasonable that the defendant filed a complaint against the above person in fraud.

Nevertheless, the lower court found the Defendant guilty of the facts charged in the instant case. In so determining, the lower court erred by misapprehending the legal doctrine.

2. The following circumstances acknowledged by the evidence duly adopted and examined in the judgment of the court below and the trial court: ① the Defendant entered into a lease agreement with H as an individual broker D on January 25, 201; and on the same day, “Real Estate Purchase and Sale Agreement” written out on the same day, stating that “the Defendant shall take measures to enable the Defendant to move and operate a child to F after two years after the completion of the free lease of the J 1st floor building,” and ② the Defendant appears to have taken into account the current status of the instant childcare center and Daejeon Daejeon-gu J-gu building before entering into the lease agreement and the real estate sale agreement (the trial record No. 153); ③ the Defendant also entered into a lease agreement and the real estate sale agreement in addition to the instant lease agreement and the real estate sale agreement, the instant childcare center and Daejeon-gu J 1st class in Daejeon-gu building in Daejeon-gu, Daejeon-gu, Daejeon-gu.