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(영문) 서울중앙지방법원 2013.08.14 2013노1892
무고등
Text

The judgment of the first instance shall be reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The decision of this court on February 2, 198, on the following grounds: (a) mistake of facts or misapprehension of legal principles on the gist of the grounds for appeal (in relation to the point of false accusation: (b) even though there is not sufficient proof on the existence of a joint brokerage agreement, which is the content of the defendant's complaint; (c) failure to prove the existence of a joint brokerage agreement; (d) failure to prove the existence of such agreement; and (e) failure to commit an offense against the defendant, even though the fact of the complaint is contrary to objective facts; (b) failure to recognize the falsity of the complaint; and (e) failure to prove the defendant's assertion objectively; and (e) failure to prove his/her assertion to support his/her claim,

A. Regarding the issue of false accusation, (1) The requirement of false accusation is established when the reported fact is a false fact contrary to the objective truth with the intention of having another person subject to criminal punishment or disciplinary disposition. The requirement of false accusation is a crime established for the purpose of having another person subject to criminal punishment or disciplinary disposition. The requirement of false accusation is required to be proven, and the establishment of false accusation is not acknowledged by readily concluding that the reported fact is false only with the passive proof that the authenticity of the reported fact cannot be recognized (see, e.g., Supreme Court Decision 2003Do5114, Jan. 27, 2004). In the crime of false accusation, the requirement of false accusation is not established when a reporting person reports a false fact with the intention of having another person receive criminal punishment or disciplinary disposition (see, e.g., Supreme Court Decision 2006Do4255, Sept. 22, 2006).

E receives a request for sale from a seller on February 16, 201, and at the end of February 2011.

3. On July 28, 201, at the request of a purchaser, a purchaser at the invitation of the purchaser.

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