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(영문) 서울중앙지방법원 2018.12.21 2018노2287
무고
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal submitted by the defendant is false and the defendant was aware that he was false and submitted to the investigation agency with the above written complaint prepared.

2. The lower court, based on the evidence submitted by the prosecutor, found that the content of the accusation prepared and submitted by the Defendant was false, or that the Defendant was guilty of false accusation.

It is difficult to conclude that the instant facts charged were not guilty on the grounds that there is no other evidence to acknowledge it.

In light of the following circumstances acknowledged by the above evidence, the judgment of the court below is just, and there is an error of law by misunderstanding the facts as alleged by the prosecutor, as otherwise alleged by the prosecutor.

shall not be deemed to exist.

A. The facts charged of this case is premised on the fact that E properly performed its duty under a real estate purchase service contract concluded with the Defendant (hereinafter “instant contract”), but in full view of the following circumstances, E properly performed its duty under the said contract:

There are circumstances that cannot be seen.

1) Under the instant contract, E was obligated to secure the remaining 98 old units except for the 29 old units already secured by the Defendant’s side among the 127 old units owned by the private individuals of H commercial buildings. In addition to the 68 old units already secured before the conclusion of the said contract, E was also obligated to secure at least 20 old units out of the 30 old units secured prior to the conclusion of the said contract.

2) However, E is deemed to have failed to secure outside of 80 east up until January 4, 2013, which was the period of acceptance of the instant contract (2 months from September 21, 2012, which was the date on which the instant contract was concluded). Moreover, the term of validity as of October 30, 2012, most of 68 old accounts already secured by E prior to the conclusion of the instant contract, as of October 30, 2012, is valid.

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