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(영문) 서울중앙지방법원 2018.04.25 2017노3751
사기
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for four months, and by a fine of four million won.

Defendant .

Reasons

misunderstanding of the substance of the grounds for appeal and misunderstanding of the legal principles (defendant B) are only a criminal charge of fraud against A, and the criminal charge of forging or accompanying private documents is not voluntarily reported. Therefore, in relation to this part, a false accusation is not established.

The Defendant was aware that there was an perception of false facts on the part of the Defendant, because the structure of the instant loan was misunderstanding and there was no doubt that the Defendant did not agree to obtain the loan under the name

subsection (b) of this section.

Since the defendant only stated as the defendant in relation to G and did not state specific facts constituting a crime, the crime of false accusation against G is not established.

The sentence of the lower court (Defendant A: Imprisonment with prison labor for 4 months, Defendant B: fine of 5 million won) is too unreasonable.

Defendant

B With respect to the assertion that there was no report on the part of the crime, such as the charge of forging a private document judgment as to the grounds for appeal and the charge of forging a false document, etc., the report should be voluntary, and making a false statement with respect to the prosecution by an investigation agency, etc. does not constitute a crime without accusation. However, whether a statement by a witness was made due to an investigation agency, etc. shall be determined by taking into account the developments leading up to an investigation, the relevance between the facts charged in the investigation, and the statement by a witness (see Supreme Court Decision 2005Do3203, Dec. 22, 2005). In light of the following circumstances recognized by the evidence duly adopted and investigated by the court below, the defendant voluntarily made a false statement as to the crime, such as the forgery of a private document, A, and G,

I seem to appear.

In the end, this part of the defendant's assertion is without merit.

① Although the name of the criminal defendant was stated in the initial accusation, the document by deceiving the criminal defendant by an important means of deception shall be extended to the following defendant's name in the name of the defendant.

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