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(영문) 대전지방법원 2018.03.29 2017노1616
무고
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal: (a) on January 18, 2010, the Defendant submitted a false complaint and a false copy and a supplementary statement as follows, and made a supplementary statement, despite the fact-misunderstanding and misunderstanding of legal principles; (b) an application for the registration of transfer of fishery rights, an application for the registration of transfer of fishery rights, an application for the registration of transfer of fishery rights, and a certificate of sale of fishery rights, which were duly prepared in accordance with the intent of each nominal owner.

As above, the Defendant’s act constitutes a crime of false accusation, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. On March 11, 2013, the Defendant filed a complaint with the Busan District Office of Public Prosecutor's Office stating that "F and G conspired to prepare the minutes of the general meeting of this case at will and submit them to the Taean Gun Office" at the Busan District Office of Public Prosecutor's Office. On April 1, 2013, the investigation of the Chungcheongnam-gu Police Station and the investigation of the Chungcheongnam-do Police Station around 1, 2013, “F and G conspired to prepare the minutes of the general meeting of this case at will, and submitted the relevant documents to the Gun Office of Taean, and obtained a license for aquaculture.” On June 24, 2013, the said investigation and the aforementioned investigation, submitted a petition stating that “F and G submitted the application for the registration of transfer of fishery right, the application for the registration of transfer of fishery right, and the application for the registration of sale of fishery right, to the Taean Gun Office by forging the certificate of sale of fishery right.”

However, in fact, the minutes of the general meeting of this case, applications for registration of transfer of fishery right, applications for registration of transfer of fishery right, and certificates of sale of fishery right were duly prepared according to the intention of each nominal owner, and the defendant

Accordingly, with the aim of having F and G receive criminal punishment, the Defendant submitted and received a false complaint and a written complaint, and made F and G by making a statement to supplement the complaint.

B. The lower court’s determination is based on the following circumstances.

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