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(영문) 서울동부지방법원 2016.06.16 2015노1741
무고등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding or legal principles (1) The Defendant held a right-mortgage of KRW 1.3 billion with respect to the instant land (hereinafter “the instant land”) in the name of the Bank of Korea, Dongcheon-si, G 3,848 square meters. However, under the circumstances where F is complicated upon receiving an order for seizure and all of the claim for collateral security in the name of Dongin-si S, the Defendant purchased the instant land through a voluntary auction after acquiring the claim through consultation with F, and subsequently awarded a bid for the settlement thereof, and there is a need to secure the above collateral security amount of KRW 30 million with the above collateral security amount of KRW 1.2 billion with respect to the instant land, and the Defendant did not transfer the collateral security right-backed claim amounting to KRW 1.2 billion with respect to KRW 1.3 billion with respect to the instant land in the name of the Bank of Korea, and the Defendant did not transfer the collateral security right-backed claim amounting to KRW 1.2 billion with respect to KRW 1.3 billion with respect to the new collateral security-based claim amounting to KRW 1.

(B) In the implementation of the project of the project of the project of the project of the project of the project of the project of the project of the project of the project of the project of the project of the E unrelated to the Defendant, the Defendant did not have embezzled D money, and on June 3, 2010, D knew about the fact that D filed a complaint with the Defendant on June 3, 2010, there was no agreement between D and the Defendant on withdrawal of the complaint. Therefore, the transfer of the above 1.2 billion won collateral collateral claim is not the pretext

(C) The lower court rejected the probative value of D’s self-written signatures, seals, and certificates of seal imprint, too easily.

(2) The Defendant, at the end of August 2010 or at the beginning of September 2010, was requested by the victim I to provide financing, and at the request of the victim I to do so, 100 joints of the Mu Park.

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