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(영문) 대전지방법원 2015.07.08 2015노437
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since misunderstanding of facts B commits a theft of the Defendant’s material, it cannot be deemed that such accusation constitutes a false accusation, and the lower court convicted the Defendant of the facts charged in this case even though the Defendant had no intention to commit a false accusation, which affected the conclusion of the judgment by misunderstanding the fact.

B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. In full view of the following facts and circumstances acknowledged by the court below's duly adopted and investigated evidence, the judgment of the court below that found the defendant guilty on the ground that the defendant did not merely lead to a civil judgment but did not go to B is justified, and the defendant's allegation in this part is not accepted.

B entered into a contract with the Dispute Resolution Co., Ltd. with the representative of the Dispute Resolution Co., Ltd., and the representative of the Dispute Resolution Co., Ltd. was the defendant E, and the defendant was in charge of D's factory, and the name was entered in D's name or the name was entered in D's representative.

(2) At the time of sending an order to conclude the above construction contract with the Dispute Resolution Co., Ltd., B, the person in charge of the affairs of the Dispute Resolution Co., Ltd. was recorded as the defendant (2.2.2.47) and the defendant also stated that the person in charge of the investigation record Co., Ltd is affiliated with D when telephone conversations with B.

The summary order against the defendant in the past stated that the defendant is the representative of the Dispute Resolution Co., Ltd. in the criminal facts.

In light of this point, it is difficult to view that the defendant was a full independent company without belonging to the "AR"D.

B. The contract for a construction project concluded between the LAC and the LAD is deemed to have calculated the down payment, including the material cost (two copies of the investigation record, and forty-seven to fifty-one). B and the defendant are above.

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