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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact, on February 20, 2012, the Defendant: (a) drafted a contract for the transfer of the claim for the return of the deposit on the security of KRW 69.6 million borrowed from E; (b) on demand of E, the Defendant sent to E a lessor a contract for the transfer of the claim for the return of the deposit; and (c) upon demand of E, E, etc., delivered the lease deposit amount to E in a state of blank space; and (d) E, etc., sent “480,000,000 won (25,000,000)” in the column for the transfer of the claim amount without permission of the Defendant.
Therefore, since the contents of the defendant's complaint are true, the crime of false accusation is not established.
B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the first instance court as to the assertion of misunderstanding of facts or legal doctrine, the Defendant’s assertion by the Defendant is without merit, as stated in the lower judgment, since it can be acknowledged that the Defendant made a false accusation against C, D, and E.
① On February 20, 2012, the Defendant borrowed KRW 70 million from E through C, and at the time, E demanded the Defendant to provide a security.
Since the Defendant continued to pay money due to the repayment of loan interest, etc., the Defendant continued to do so in the form of being entrusted with the written lease contract of the Gangnam-gu Seoul Metropolitan Government AW apartment where the Defendant was living with E as security and receiving the loan when it is necessary, such as the Mapo-gu head of the Tong.
was made.
② At the time, the deposit amount of the lease on a deposit basis brought by the Defendant was KRW 480 million, and C is required to use the maximum amount of KRW 150 million for the Defendant at KRW 150 million.
In order to specify the transfer amount of bonds as KRW 225 million, and D, an employee of E, has returned the lease deposit under the contract for the transfer of bonds at the location of the defendant.