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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. Since misunderstanding of the legal principles and misunderstanding C actually agreed to bear remodeling costs, the Defendant’s response to the lawsuit by submitting a written confirmation, a witness statement, etc. under the I’s name cannot be deemed to constitute a elements constituting fraud in the lawsuit.
B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.
2. On May 12, 2016, the judgment of the court below became final and conclusive on May 2016, 201, when the prosecutor held ex officio that “the Defendant was sentenced to a suspended sentence of six months to imprisonment with prison labor for an act of false accusation, etc. at the Jeonju District Court on May 12, 2016.
“The provisions of the applicable law add “Article 37 and Article 39(1) of the Criminal Act” to “Article 37 and Article 39(1) of the Criminal Act,” and the court applied for amendments to a bill of amendment of an indictment. Since the subject of the adjudication was changed by this court’s permission, the judgment of the
However, despite such reasons for ex officio reversal, the defendant's assertion of mistake and misunderstanding of legal principles is still subject to the judgment of this court.
3. Determination as to the misapprehension of facts and misapprehension of legal principles
A. The lower court determined as follows: (a) C and the Defendant entered into a lease agreement on July 9, 2009 with respect to the lease deposit amount of KRW 140 million, and the lease term of KRW 1204,00,000,000,000,000 from July 31, 2009 to July 30, 201; and (b) the Defendant’s spouse entered into a lease agreement with respect to the lease on a deposit basis with respect to the lease on a deposit basis to secure the Defendant’s claim for the return of the lease deposit amount of KRW 103,705,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,00,000).