logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.09.20 2018노816
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the statement about D’s change in terms of the contract author, seal affixed and sealed seal, motive for the crime in excess of the obligation, statement about F’s side of the bond manager, etc., the lease contract of this case is a forged document against the Defendant’s will. Thus, the Defendant’s complaint on this part is not a false complaint.

B. The lower court’s sentencing (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. Circumstances acknowledged based on the evidence of determination as to the assertion of mistake of facts, that is, D prepared the lease contract of this case with the Defendant’s permission

On April 20, 201, the Defendant asserted that he/she agreed to prepare D false contracts on April 20, 201 and April 20, 2013, and among them, on April 20, 2013, the Defendant’s name was affixed a seal affixed to the Defendant’s name, as in the instant case, and the borrower’s employee FF presented the instant lease contract to the Defendant and confirmed the guaranteed amount, and also received a loan certificate and a written payment confirmation.

As a result of the appraisal, the fingerprints attached to the above loan certificate and the payment confirmation document have the same result as the fingerprints of the defendant, and the payment confirmation document has the same amount as the deposit money of the lease contract of this case in the form of lease guarantee. In full view of the above, it is recognized that the defendant consented to the preparation of the lease contract of this case for the purpose of lending D.

D Filing a false report on the forgery of the lease contract, etc. of this case, which led to the defendant's failure to file a complaint.

The lower court’s judgment is justifiable.

The defendant's assertion of mistake is not accepted.

B. The offense of false accusation against an illegal assertion of sentencing is likely to disrupt the nation’s criminal justice function by reporting false facts to an investigation agency, and the risk of criminal punishment.

arrow