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(영문) 수원지방법원 2018.02.07 2017노6311
무고
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment of innocence is publicly notified.

Reasons

1. The summary of the grounds for appeal is that the Defendant had the initial criminal intention for the Defendant to have committed a false accusation, taking advantage of the circumstances of embezzlement of H’s funds owned by the G clan, which is the chairperson of the F clan, as the general secretary of the G clan that is subordinate to the F clan, with 11 members of the clan, to discover the embezzlement.

Although it cannot be seen, the lower court erred by misapprehending the facts charged in the instant case.

2. Determination

A. The summary of the facts charged in this case is that the Defendant was a person who was a member of the G clan lower than the F clan, and H was the chairperson of the F clan and the auditor of the G clan, and the Defendant was accused of embezzlement of the money of the said G clan around July 10, 2013, and was investigated, the Defendant used the money of the clan without permission under the pretext that H was a public official.

The purpose of this study was to express his mind.

On April 11, 2014, the Defendant drafted a false accusation against H through the attorney-at-law at the five-story Law Office of Seocho-gu Seoul Metropolitan Government I Building through the above law firm B office.

The summary of the accusation is as follows: “The sum of KRW 100,000 from each clan around March 20, 2008 to obtain permission for the development of the district unit from HF and G, which is owned by the same clan, shall be KRW 50,000,000,000,000 for each clan around April 11, 2008; KRW 20,000,000 for each clan; KRW 1.5 million for each clan around October 16, 2008; KRW 3 million for each clan; KRW 1.5 million for each clan around January 20, 2009; KRW 1.5 million for each clan; and KRW 2,00,000,000 for the sum of KRW 1.6 million for each clan; and KRW 2,80,000,000 for the penalty of KRW 1.6 million for each clan around April 1, 2009.

Nevertheless, the defendant is in the Dong of Gwangjin-gu Seoul Special Metropolitan City around April 11, 2014.

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