무고
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, even though the defendant paid the amount of KRW 40 million to C as a security deposit for illegal gambling, it can be sufficiently recognized that C was not guilty by preparing and submitting a written complaint as if he was deceiving C and lent KRW 40 million.
Nevertheless, the court below found the defendant not guilty on the grounds of insufficient proof, and in so determining, the court below erred by misunderstanding facts and affecting the conclusion of the judgment.
2. Determination
A. Around May 4, 2011, the Defendant prepared a written complaint stating that “C uses only a day on August 7, 2010 and has lent KRW 40 million under the name of borrowed money, so it would be punished for fraud,” with the following written statements: “C shall be punished for fraud.”
However, in fact, the Defendant: (a) conspiredd with C and illegal private gambling, to “mast-to-mast-mast-mast-mast-mast-mast-mast-mast-mast-mast-mast-mast-mast-mast-mast-mast-mast
Nevertheless, on May 9, 2011, the defendant submitted the above written complaint to the staff in charge of receipt of the complaint of the former main prosecutor's office through the prison officer of the former correctional institution.
As a result, the defendant was arrested for the purpose of having C receive criminal punishment.
B. The lower court rendered a judgment that acquitted the Defendant on the following grounds.
C consistently made a statement at the investigative agency to the effect that “the Defendant and himself were gambling in the atmosphere of correction, etc., and that the deposit was transferred by the Defendant to the account used by the gambling broker, and that he did not borrow KRW 40 million from the Defendant,” and the Defendant also made a statement at the prosecutor’s office to the effect that he did not comply with the above statement.