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(영문) 대전지방법원 2016.05.04 2015노3290
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the contents of the written complaint prepared and submitted by the Defendant by misunderstanding the facts or misapprehending the legal doctrine are all true, it does not constitute a case of reporting false facts.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following facts and circumstances acknowledged by the lower court based on the evidence duly adopted and investigated by the lower court regarding the assertion of misunderstanding of facts and the legal doctrine, it is determined that the following facts are false: “CA makes a false representation as to the denial of the Defendant’s wage by the Defendant in the pair-type industry, Co., Ltd., Ltd., in which the Defendant works on May 2013, 201,” or “C has received KRW 570,000 paid by the Defendant from D to the pair-type industry D around May 31, 2013,” which reads that “C was denied by the Defendant’s wage of KRW 570,000 from D,

Therefore, we do not accept the defendant's assertion of mistake or misapprehension of legal principles.

(1) The defendant is examined as a complainant in the course of prosecutorial investigation, and he/she collects money borrowed from C.

the entry of a monthly wage; or

It was said that C was able to perform a duty and that C was able to perform a duty.

on behalf of the insured depository institution.

The telephone number of the second industry was added.

On June 2013, around C around 2013, the statement that he received KRW 570,00 from T in a pair of industry would be 60-70 million.

C A. A complaint was filed by rape and confinement with a cover of any other name, and thus, a complaint was filed with the effect that the agreement would amount to two million won or more to the agreed amount to return the money.

This is not only the credibility of the statement, but also the content of the statement, because it made a concrete and detailed statement about the motive of the defendant's non-determination, the circumstances and amount of the defendant's remittance of the defendant's wage, the timing and circumstances when C became aware that the defendant's wage was received in lieu of the defendant'

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