beta
(영문) 서울중앙지방법원 2014.12.19 2014노4157

무고등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) In light of the fact that: (a) Defendant D, who is the Defendant’s complaint of larceny, confinement, or intimidation, brought the Defendant’s property without the Defendant’s consent; and (b) D, by threatening the Defendant to have an internal relation with the Defendant and thereby having the Defendant borrow KRW 200 million from G, the charge of larceny and intimidation in this part is a true fact-finding report; (b) the Defendant believed the F’s statement that “the Defendant was threatened by the Defendant,” and was dispatched by the police officer with F’s 112 report at the time, it cannot be said that the charge of confinement in this part was a true fact-finding report or that there was an intention of false accusation against the Defendant; and (b) D, who is the Defendant’s complaint of embezzlement, received KRW 200 million from G to the Defendant’s account in terms of investments in health assistance food business; and (c) made the Defendant deposit in this part of the Defendant’s money with the Defendant’s account at his own discretion after using it.

3) Considering the fact that the Defendant and the victim D were in a partnership business relationship, and that the Defendant borrowed KRW 300 million prior to the receipt of the money as indicated in the holding of the lower judgment by the victim D or E, it cannot be said that there was a deception by the Defendant, or that there was an intentional fraud by the Defendant. 4) In light of the fact that around October 2010, which was indicated as the time when the crime was committed under the aforementioned Article, the Defendant was committed in the process of accepting documents, and there was no circumstance for forging documents by using computers, the Defendant cannot be deemed to have forged documents, and even if the Defendant had forged documents by causing a group of persons, it cannot be said that it constitutes a crime because the principal offender was not identified.

B. Reasons leading to the instant crime of unfair sentencing, and the background leading to the instant crime.