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(영문) 부산지방법원 2016.11.03 2014노2129
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant did not receive checks or cash from C or E, and the Defendant received checks from D or E, not the Defendant, and used them for personal purposes such as repayment of his/her obligations.

Therefore, there is no fact that the defendant acquired money from C, D, or E.

Nevertheless, C, D, and E shall attend the court of first instance in the case of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the defendant for the purpose of criminal punishment against the defendant, and shall make a false statement in the purport that C, as a witness, was given a check to the defendant. Thus, the complaint of this case is consistent with objective facts.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

2. The following circumstances acknowledged by the judgment of the court below and the court of the trial duly adopted and examined the evidence, namely, ① C, D, and E have made a consistent statement from the investigative agency and the court of the previous fraud case to the investigative agency of this case, to the effect that “C has given money directly to the Defendant as a check,” and D, E has made a statement with the assent of all the parties that the Defendant instructed him to bring cash to him since 2003, and D has used the check issued by C in cash in the court of the trial (Ga operated by the Defendant) for the purpose of the Defendant’s direction after changing the cash from the Defendant’s direction to the Foundation (Ga operated by the Defendant), and some parts have been put into the (D or E) account, and it is reasonable to doubt the credibility of each of the above statements.

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