무고
The defendant's appeal is dismissed.
1. The judgment of the court below which found the defendant guilty on the basis of the false statement of F, G, and E, although the contents of the defendant's complaint are consistent with the truth, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
2. Comprehensively taking account of the evidence duly adopted and examined by the lower court, such as the witness F, G, and E’s testimony, the lower court fully recognizes the following facts as stated in the facts charged: (a) even though F and G did not have any means to show to the Defendant that the Defendant would return the instant loan certificate and promissory note to the owner of L hotel building at the time of the preparation or authentication of the instant promissory note; (b) as stated in the facts charged, the Defendant stated that F and G made the instant loan certificate and promissory note as above, and thus, it is insufficient to reverse the said recognition only on the basis of each written confirmation submitted by the Defendant or the statement of D’s witness at the trial.
Therefore, the defendant's argument cannot be accepted.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.