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(영문) 인천지방법원 2017.09.27 2017노1523
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not receive a deposit of KRW 10 million from C.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, thereby adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the court below to the defendant (two years of suspended sentence and observation of protection in August) is too unreasonable.

2. Determination

A. On May 30, 2016, the lower court recognized the following facts based on the evidence duly adopted and investigated by the lower court’s determination as to the assertion of fact: (i) the Defendant leased the Defendant’s house of KRW 10 million to C around February 2014, but C did not pay KRW 10 million; (ii) upon the expiration of the above lease term, C intended to acquire KRW 10 million by forging the lease contract as if the Defendant paid the above deposit to the Defendant; and (iii) the Defendant submitted a receipt with the above complaint at the time of the complaint; and (iv) the Defendant submitted the above receipt at the time of the complaint (including the above complaint, KRW 10 million, including the lease deposit, and KRW 10 million,000,000,000,000,000,000,000,000,000,000 won, which is KRW 10,000,000,00,000).

The above receipt is stated as follows: (a) the front of the check is reproduced in front of the future creative science department F 10 million won; (b) the check was deposited into the agricultural bank account under the name of the defendant 15:45:3 on March 14, 2014; and (c) the back of the check was indicated as "3/14 C G and H A"; and (d) the authorized intermediary D in the investigative agency and the court of the court below stated as the leased contract between the defendant and C and the above receipt.

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