무고
The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. The summary of the grounds for appeal (fact-finding) is that the Defendant believed the horses of Defendant E, who is a defendant in the business of discounting horse and lent the money of this case, and does not invest in the card-based tin business E.
Therefore, the defendant did not report false facts in the complaint of this case.
Nevertheless, the court below found the defendant guilty of the facts charged in this case where the defendant reported false facts, and the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
2. Around May 24, 2011, the summary of the facts charged by the Defendant at the D Office located in Yangcheon-gu Seoul Metropolitan Government on the following grounds: “The Defendant, the Defendant, having no capacity or intent to operate a discount club, shall pay interest of 8% per month if he/she lends money to the complainant A under the pretext of a discount club intermediate payment, etc., and falsely stated that he/she would operate a discount club and pay it, and he/she shall receive KRW 50 million from the complainant from December 2008 to February 2009, and around March 20, 2009, he/she shall try to start a discount club. It is short of money to operate a discount club if he/she loans KRW 30 million, and he/she shall receive KRW 80 million from the complainant and receive KRW 30 million from the complainant.”
However, with knowledge of the fact that E would have the best tin in the sale of goods, the Defendant was aware of the fact that he/she, upon the direction of E from December 26, 2008 to November 10, 2009, made a transaction on behalf of the Defendant at a deposit account in the name of the Defendant on several occasions every day from December 26, 2008, and he/she invested more than KRW 100,000 in several times as a fund necessary for the tin in the name of the card, and did not lend money for the purpose of discount, intermediate payment and operation funds.
Nevertheless, around May 24, 2011, the Defendant made an accusation against an employee whose name cannot be known at the Seoul Mine Police Station.