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(영문) 수원지방법원 2018.05.14 2017노7335
무고
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (misunderstanding of facts) did not permit the establishment of the right to collateral security with respect to the instant loan to E and F, or sign or seal the documents related to the establishment of the right to collateral security, power of attorney, receipts, promissory notes, etc., and thus, the above documents were forged. Even if otherwise, the Defendant reported that it was true, and thus, the Defendant reported false facts or had the intention to commit a false offense against the Defendant.

The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The prosecutor (unlawful in sentencing) of the lower court’s sentence (one year and six months of imprisonment) is too unhued and unfair.

2. Determination

A. In full view of the following circumstances revealed by the judgment of the court below and the evidence duly admitted and investigated by the court below as to the Defendant’s assertion of mistake of facts, the Defendant voluntarily affixed his seal on the documents pertaining to the establishment of a right to collateral security and reported false facts contrary to the authenticity of the establishment, thereby sufficiently recognizing the fact that the Defendant did not know about the establishment of the right to collateral security and reported false facts contrary thereto.

The judgment of the court below that made the same conclusion is just, and there is no error of law by mistake of facts affecting the judgment.

The defendant's assertion of mistake is without merit.

1) While the Defendant was urged to pay the construction cost of the instant loan, on September 9, 201, concluded a sales contract to sell the instant loan in KRW 350,000,000 with the purchase price, the Defendant paid KRW 100,000 as the down payment on the same day.

On the other hand, the law firm E, on the ground of R, lent 112,100,000 won to F, a secretary general on the same day, by lending the money equivalent to the down payment as above as security, and F, 47,000,000 won to F, a construction business operator, 45,000,000 won, and the remainder to K, respectively, was remitted to the defendant, and the defendant's interest.

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