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(영문) 수원지방법원 2011.10.26 2010노2332

무고 등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 1,00,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. Error1) With respect to the violation of the Illegal Check Control Act and the accusation due to the complaint under the above Article of the Current Number of Shares, the defendant did not allow E to issue the Current Number of Shares. As such, the defendant is deemed to have lost or forged checks, and the defendant filed a false report on loss of the current number of shares, and did not make a false report for the purpose of payment or suspension of transaction of the checks lawfully issued. Of the facts charged in this case, the court below found guilty of the violation of the Illegal Check Control Act and the violation of the current number of shares. 2) The court below erred in the misunderstanding of the facts in finding that L Co., Ltd. (hereinafter referred to as “L”) did not allow E to issue the Promissory Notes, and there were no errors in the misapprehension of the legal principles regarding the issue of the Promissory Notes, since the defendant made a false statement with D (hereinafter referred to as “D”) through the representative director of L Co., Ltd., and there were no errors in the misapprehension of the legal content of the above bill and the contents of the bill, and there were no errors in the J.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment and a fine of KRW 1,500,000) is too unreasonable.