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(영문) 춘천지방법원 강릉지원 2014.04.02 2013노360
무고
Text

The defendant's appeal is dismissed.

Of the litigation costs in the trial, 840,000 won shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant: (a) received a loan certificate from D that D assumes over the obligation of D; (b) did not have any reason to prepare the transfer certificate to C; and (c) did not have any signature or seal on the transfer certificate; (d) on the other hand, the Defendant submitted a written complaint stating the false fact that C prepares a false transfer certificate and signed and signed it as one’s own writing; and (e) rejected C. The lower court found the Defendant guilty of the facts charged in this case.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. (1) According to the evidence duly admitted and investigated by the lower court, the following facts can be acknowledged in light of the evidence protocol prepared by the first instance court.

(A) On January 17, 201, the Defendant urged C and D to repay the borrowed amount, and around January 17, 201, the Defendant demanded D to pay C, D, 6.5 million won, and D, 4.5 million won, with the pension he/she received.

(B) On the same day, D prepared a loan certificate (Evidence No. 27) dated 17, 201 stating that “A shall pay 6.5 million won to the Defendant in full, and that “A shall pay 11.5 million won in annual installments, and shall be responsible for the passbook and seal” in the Defendant’s future, and C shall prepare a loan certificate (Evidence No. 27) on January 17, 201, stating that “C shall pay 6.5 million won in annual installments to D” on the same page, and “C shall pay 6.5 million won in annual installments (Evidence No. 284 of the evidence record)” on January 7, 2011 that “C shall prepare a loan certificate on January 7, 2011 (Evidence No. 284 of the evidence record) as of January 7, 2011, at the court of the lower court, D shall prepare a loan certificate in the future as of January 17, 2011.

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