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(영문) 부산지방법원 2013.06.13 2012노4024
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In around 192, the Defendant asserted a mistake of facts: (a) around 1992, the Defendant sold only “F land and housing on the land located in the Gyeongbuk-gun” to C; (b) around May 2009, C and D conspireded with C and D to sell “19 P. E. E. E. E. E. E. at the time of the said sale; and (c) the Defendant filed a complaint for forgery of private documents, etc.; (d) however, the lower court convicted the Defendant of the facts charged in this case on the ground that C and D were not forged on the ground that the contract submitted by C while filing a complaint against the Defendant for breach of trust was not forged

B. The lower court’s sentence on the assertion of unreasonable sentencing (two years of suspended execution for one year of imprisonment, two years of community service order 200 hours) is too unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the lower court regarding the assertion of mistake of facts, the following facts or circumstances can be acknowledged.

① On May 3, 1992, the Defendant entered into a contract with C on May 3, 1992 stating that “The instant contract shall be sold at KRW 31,50,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,

② However, on May 2009, the Defendant sold the instant land to Police Officer I in the middle of May 2009 and completed the registration of ownership transfer.

③ At that time, C filed a complaint against the Defendant at the Gyeongbuk Police Station with the purport that “The Defendant sold the instant land to C, including the instant land, but, at the request of the Defendant, I received property benefits by double selling the instant land.”

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