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(영문) 창원지방법원 2017.11.30 2017노2456
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts and the legal principles) that E, without the permission of the defendant, forged a trade agreement between the defendant and P. P. P. P. P. P. P. P. S. Co., Ltd. and a contract for the transfer of claims, and thus did not report false facts, the court below convicted

2. Determination

A. In the crime of false accusation, the criminal intent is not necessarily required to be a conclusive intentional but is also sufficient for dolusence. Therefore, the crime of false accusation is established by reporting the fact that the reporting person is not true, and it does not require conviction that the reported fact is false.

In addition, the purpose of the complaint is not to punish the other party, but to increase the cost of the trial.

On the other hand, it may not be deemed that there is no intention to commit the crime of false accusation (see Supreme Court Decision 2007Do1423, Apr. 26, 2007). (b) The records reveal that ① Henwon Food Co., Ltd. (hereinafter referred to as “ Henwon Food Co., Ltd.”) began to manage MY from January 2013 to entrust it with the management of MY; ② PPS Co., Ltd. (hereinafter referred to as “PPS”) supplies food materials to FPS as affiliated companies of Henwon Food Co., Ltd. (hereinafter referred to as “PPS”) in order to operate a restaurant business at MP, a contract with Henwon Food Co., Ltd. should be concluded to supply food materials. However, to receive food materials from PPS, concluding a contract with PPS and a credit transfer contract should be concluded (in consultation with regard to the terms and conditions of transaction, entering into a contract with the PPS, not the instant food supply of food materials.

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