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(영문) 창원지방법원 2014.01.09 2013노1328

무고

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (two years of suspended execution in October, and one hundred and sixty hours of community service order) is too unhued and unreasonable.

B. Defendant E paid KRW 150 million to Defendant E in relation to the construction cost, etc. of the D restaurant, and the agreement in which the Defendant would directly receive KRW 150 million from E E (hereinafter “the first agreement”) was made with the Defendant’s consent, but if E is unable to receive KRW 150 million from F by May 13, 2012, the agreement in which the Defendant would pay KRW 150 million to E by June 13, 2012 (hereinafter “the second agreement”) was written without the Defendant’s consent, and thus the Defendant did not file a false complaint with the forgery of the 2 agreement, etc., the lower court convicted the Defendant of the instant facts charged, thereby affecting the conclusion of the judgment.

2. Judgment on the appeal by the defendant

A. On March 13, 2012, the Defendant agreed to pay E a KRW 150 million to E with respect to the construction cost of the Dcafeteria located in Tong Young-si, Tong Young-si, to pay KRW 150 million, and agreed to transfer the Defendant’s claim worth KRW 150 million to F.

The defendant and E shall pay 150 million won to E by June 13 of the following month where he/she fails to receive 150 million won from F within 2 months (by May 13) in accordance with the above agreement.

'' has entered the contents in the Convention.

The Defendant did not receive KRW 150 million from F, resulting in a civil suit seeking payment of the above money against the Defendant, and had the intent to file a false complaint against E.

On October 9, 2012, the Defendant imposed criminal punishment upon E at a mutual incompetence room located in Yong-si, Yong-si.