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(영문) 서울북부지방법원 2021.03.25 2020노1830

무고

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact-misunderstanding or misunderstanding of legal principles that there was no part on which the Defendant directly entered except the resident registration number and telephone number; there was a modified trace on the loan certificate that the Defendant was unaware; the Defendant Nonparty B, upon receiving the repayment of the above loan, appears to have been corrected and submitted the loan certificate as evidence for civil procedure.

subsection (b) of this section.

B. The sentence sentenced by the lower court (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. The following facts or circumstances, which can be acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of misunderstanding the facts or misapprehension of the legal doctrine, namely, ① the Defendant did not deny the existence of the loan itself in the process of investigating the complaint and the complainant and did not have any factual basis to inform the resident registration number.

(2) The Defendant’s “resident registration number and mobile phone number” recorded in the Defendant’s book at the lower court and the trial court, was directly recorded by the Defendant.

Recognizing that, according to the location and composition of other language and text, such as “a loan certificate” and “one million won loan,” and the consistent statement by the Defendant, the Defendant was aware that the loan certificate was prepared and entered in his resident registration number and mobile phone number.

In full view of the facts that can be decided by the person who filed a complaint, ③ the defendant urged the repayment of the loan of this case several times in 2014, and thereafter, the defendant was used as a brain stroke and was living at a stroke, and the defendant recovered from the night and filed a lawsuit for the loan. In light of the above, it is reasonable to view that the defendant filed a complaint as false facts contrary to objective truth, and that the defendant filed a complaint with the awareness of its falsity. Thus, the court below found the defendant guilty of the facts charged.