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(영문) 제주지방법원 2014.09.18 2012노339

무고등

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment for six months.

However, this judgment is delivered to Defendant A.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (A) The facts constituting the crime at the time of the original adjudication on the charge of false accusation of KRW 700 million against G

A. (1) / [paragraph (1)] G is the H, AL, AM forest 51,768 square meters (hereinafter “I forest”) in Jeju-si.

(2) Defendant A transferred KRW 700 million to the seller’s account on September 30, 2005, to the seller’s account on September 30, 2005, by proposing that the ownership transfer registration will be effected in the name of Defendant A and M with respect to the shares equivalent to KRW 700 million out of the I Forest Land, which is the remainder of the purchase price. Defendant A paid the above KRW 700 million to the J Game machine (hereinafter “J Game machine”).

(B) The crime No. 1 is committed at the time of the original adjudication on the charge of embezzlement of KRW 1860,000,000 for G, not the remittance of KRW 590 to the 590,000,000.

A. (2) At the time of concluding the J Game Total Sales Contract, Defendant A provided KRW 2.8 million per unit by up to 2.8 million per J Game, and provided that KRW 1.8 million per unit by G and KRW 40% of sales revenue shall be divided by G and KRW 60% of the sales revenue shall be deemed to have been divided by Defendant A. The sales revenue here shall be deemed to have been KRW 1.8 million remaining after subtracting the supply price of KRW 2.8 million, which is the initial supply price, from KRW 2.8 million. G shall be deemed to have been sold in excess of KRW 3,100,000, KRW 1.86 billion [3,100 x 2.8 billion x 1.8 billion x 600 x x 600 x 1.7 billion x x 6000 m3], and thus, Defendant A and this part of the lawsuit shall not be deemed to have been subject to embezzlement or embezzlement of Defendant A’s forest products.