무고
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (the factual error) did not consent to the withdrawal of KRW 1 million to C around September 7, 201, but the court below found the Defendant guilty of the instant facts charged by finding C as evidence, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.
2. Determination
A. A. Around December 21, 2007, the Defendant borrowed KRW 11 million from C, but failed to repay part of the principal and interest until November 30, 201, which was due date for payment, and thus, the Defendant was willing to file a complaint with C with the intent to demand payment thereof by false facts.
On April 25, 2013, the Defendant: (a) prepared a complaint stating that “C shall take care of the Defendant’s father E suffering from dementia around September 7, 201, in the office of the Defendant’s head of the Dong-gu Busan Metropolitan Government D apartment shopping mall 128; (b) “C shall take care of the Defendant’s father E from the Busan Metropolitan Government Bank Ulsan Metropolitan City Bank Ulsan Metropolitan City, Ulsan Metropolitan City, 1599-23, and shall withdraw KRW 1 million from the Daegu Metropolitan City bank account under the name of E and shall obtain it by deceit; and (c) submitted the above complaint to the civil petition office of the Ulsan Metropolitan City, Ulsan Metropolitan City, Busan Metropolitan City, on April 25, 2013.
However, on September 6, 2013, the Defendant received a demand from C to repay borrowed money from C, and said C as “Aber’s father has a father, who is holding his father in the passbook, and sought one million won from the City bank.” On September 7, 2013, the Defendant was to withdraw one million won from the Daegu Bank U.S., located in Ulsan-gu, Ulsan-gu, Busan-do along with E by telephone to the employees of the bank, and then to withdraw one million won deposited in the E account.
Accordingly, the defendant filed a false complaint for the purpose of receiving criminal punishment C and filed a false complaint.
B. The lower court found the Defendant guilty of charges and sentenced the Defendant to a fine of one million won.
C. We examine the judgment of the court below, i.e., the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., C.