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(영문) 서울중앙지방법원 2018.12.07 2018노2712
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. In fact, the Defendant: (a) did not lend a certified broker qualification certificate to B and C; or (b) did not exceed the authority pertaining to the certified broker business; and (c) even if he was aware, C prepared a contract beyond the authority delegated by the Defendant; and (d) reported false facts by the Defendant.

shall not be deemed to have been the defendant, nor shall the defendant have the intention of false accusation.

subsection (b) of this section.

B. The punishment sentenced by the lower court (one year of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) is too unreasonable.

2. Comprehensively taking account of the following circumstances acknowledged by the lower court’s duly admitted and investigated evidence, the Defendant leased the Defendant’s official seal certificate to C and B around May 2012 and exceeded the authority relevant to the business. As such, it can be sufficiently recognized that C, B and the employees F knew that the Defendant had the authority to prepare the contract under the name of the Defendant, but filed a false accusation and filed a false accusation, thereby making it possible to recognize that C, B and F had no authority to prepare the contract.

A. C and B, from an investigative agency to the court of the court below, “Defendant lent his certificate of qualification as an authorized broker for a fee on or around May 2012, and have exceeded the authority related to the affairs of an authorized broker.”

The defendant did not limit the scope of the use of the qualification certificate and the exercise of authority to the preparation of the lease contract, etc.

G consistently made a statement to the same effect as in the original court’s court, consistently stated that the newspaper advertisement seeking a certified brokerage, and that the Defendant and the Defendant provided an opinion.

B. While the Defendant denies the fact of lending his certificate of qualification as a certified broker, the Defendant reported newspapers advertising that sought the holder of his certificate of qualification as a certified broker, and discussed G (one name Q) in detail about the establishment of a certified broker office. ② In the process of establishing and operating the office of this case, three times from C, etc.

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