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(영문) 서울남부지방법원 2017.10.13 2016노1696
무고
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal (misunderstanding the facts) is as follows: (a) the Defendant agreed to arbitrarily prepare a real estate transaction agreement for bank loan and did not consent to arbitrarily prepare a real estate transaction agreement for the purpose of concluding a lease agreement; (b) the Defendant did not file a false complaint; and (c) there was no intention to commit a false accusation.

2. Determination

A. On April 1, 2015, the summary of the facts charged in the instant case was presented to G around April 2014, 2015, by the Defendant, at the attorney-at-law office near Seocho-gu Seoul Seocho-gu, Seocho-gu, Seoul, the Defendant: (a) forged a real estate transaction agreement under the name of the Defendant, stating that he/she would trade D in Pyeongtaek-si E (F hotel) at KRW 3.8 billion; and (b) presented it to G around April 2014.

“Forming a complaint,” the content of which was written.

However, on April 2014, the Defendant decided to sell and sell a F hotel to C, and C received a loan from F hotel as collateral and paid the purchase price, and C consented to arbitrarily prepare a real estate transaction agreement with F hotel in order to obtain a loan from C.

Nevertheless, on April 13, 2015, the Defendant submitted a written complaint to the Gangseo-gu Seoul Western Police Station, Gangseo-gu, Seoul, 308, and filed it with C.

B. The lower court found the Defendant guilty of the instant facts charged by compiling the evidence as indicated in its judgment.

(c)

However, we cannot accept the judgment of this court for the following reasons.

According to the evidence duly admitted and duly examined at the lower court and the trial, the Defendant: (a) introduced F hotel buyers with C around February 2014, and sold F hotel for KRW 3.3 billion; and (b) agreed to pay any balance remaining after excluding down payment of KRW 3.3 million by a bank as a collateral for a loan to a F hotel; (c) however, the agreement was not prepared; and (d) on April 10, 2014, C entered into a lease agreement with G with the seller and buyer (C de facto spouse).

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