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(영문) 부산지방법원 2014.01.17 2013노3138
무고등
Text

All judgment of the court below shall be reversed.

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

Reasons

1. Summary of the grounds for appeal;

A. As to theless accusation, it constitutes a litigation fraud to demand the distribution of the lease deposit amount of KRW 150 million to the commercial lessee through S, which is his father, in the X-Voluntary auction procedure for the Busan District Court's Dong Branch Branch of the Busan District Court. Therefore, the defendant's complaint against R by attempted fraud does not constitute an accusation.

B. As to the fraud, there is no fact that the Defendant received money from the victim D, such as the above criminal facts entered in the crime list Nos. 4, 5, 8, 9, 14, and 16 as stated in the judgment of the court below (hereinafter “crime list”).

As to the remaining criminal facts in the crime list, since the defendant also believed Y et al. and invested about KRW 1 billion in total at the time, the victim also stated the above circumstances and recommended investment, and there was no intention to acquire it.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the case No. 2013No3138 of this Court, which is the case of appeal against the judgment of the court of first instance, and the case No. 2013No3144 of this Court, which is the case of appeal against the judgment of the court of second instance, was consolidated in the procedure of the oral argument. Each of the crimes in the judgment of the court of first and second instance, is in the relation of concurrent crimes under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the extent that aggravating concurrent crimes in accordance with Article 38(1) of the Criminal Act, so all of

However, even if there are such reasons for reversal in the judgment below, the defendant's assertion of mistake against the judgment of the court below is still subject to the judgment of the court of this court.

3. Determination on the grounds of appeal as to the non-appeal

A. The issue-free accusation of this part of the facts charged is a public office or a public office for the purpose of having another person receive criminal punishment or disciplinary action.

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