무고
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (fact-finding) is that KRW 100,00,000,000, which the Defendant claimed to have lent to C, was paid in lieu of 150,000 won to C when entering into an exchange contract with C, and thus, it constitutes a false complaint on the grounds that C is the premise of the final and conclusive judgment ( Daejeon District Court Decision 201No2181).
Nevertheless, the judgment of the court below which acquitted the facts charged of this case is erroneous by misunderstanding the facts.
2. Determination
A. The summary of the facts charged in the instant case: (a) around April 2009, the Defendant suffered damage by entering into a real estate exchange contract with C; and (b) C, who was sentenced to imprisonment with prison labor for ten months for fraud, completed the execution of the sentence; (c) however, after C’s release, the Defendant did not compensate for damage and did not contact with C; and (d) led C to a serious concern about the promotion of C.
Around August 2013, the Defendant: (a) filed a complaint with the effect that, for the purpose of having a criminal punishment imposed upon C, the E law office located in Seo-gu, Daejeon, Daejeon, requested C to an infinite employee; and (b) “C only cancels a provisional registration established in the Moel building, which is a C owner, by taking a loan of KRW 800 million to the Bank as security; (c) if C lends a provisional registration cancellation cost of KRW 100 million to the Bank, it would be the top priority repayment of the Bank loans as the loan proceeds; and (d) by deceiving KRW 100 million under the pretext of the loan, C would be punished.”
However, in relation to the crime of fraud, C had already been convicted and completed the execution of the sentence, and the Defendant did not enter into a monetary loan contract with the above content, and did not lend money. However, the Defendant submitted the above complaint to the police officer who cannot know his name at the public service center of the Daejeon Western Police Station, Seo-gu, Daejeon on September 11, 2013.