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(영문) 대구지방법원 2014.08.07 2013노3805
무고
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Grounds for appeal;

A. In relation to the construction of the “J”, G was obliged to pay the Defendant the money deposited into the Defendant’s wife N account with a loan of facility funds from the Daegu Bank in relation to the construction of the “J”, and there was no fact that G was allowed to withdraw and use the money.

Nevertheless, G arbitrarily withdrawn and used KRW 534850,000 from N’s account, and there was a circumstance in which G cooperates with K Branch and Vice-Chief of the Daegu Bank M and branch-head L were also involved in the voluntary withdrawal of G, and H also was likely to have recruited as a partner of G.

The defendant's complaint is not false, and even if the abstract part is different from the fact, it cannot be said that the defendant had an intention of false accusation.

In the judgment of the court below which found the defendant guilty of the facts charged of this case, there is an error of mistake.

B. The sentence imposed by the lower court on the Defendant (one year of imprisonment, two years of suspended execution, and 120 hours of community service) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On January 30, 2013, the summary of the charges No. 1 against G is as follows: (a) at the F Administrative Secretary’s office located in North Korea-Gu E at an port from the end of January 2013; and (b) on December 4, 2012, with respect to the case on which the Defendant filed a criminal complaint against L and M for occupational breach of trust on December 4, 2012, the judicial police officer sent the case to the prosecutor’s office with no suspicion on January 30, 2013.

Around September 11, 2012, in order to obtain a loan related to “J”, the complainant (defendant) opened an account in the name of Defendant’s wife at the K branch of the Daegu Bank, Daegu Bank, and kept the passbook and seal to the lending-related M. Around September 12, 2012, M and the branch L L have conspired to withdraw at will KRW 534.85 million out of the loans deposited in the N’s name, and paid to G and H at will, as seen above, by collusion with G and H, KRW 534.85 million.

"The content is".

However, the defendant is true.

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