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(영문) 인천지방법원 2013.12.27 2013노2859
무고등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since misunderstanding of facts C promised to pay KRW 20 million to the defendant, all of the contents of the defendant's complaint filed by C and the contents of the lawsuit filed against C are true, even if the facts are not true, the defendant believed to be true, and thus, the judgment of the court below which convicted all of the facts charged of this case as guilty is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. In light of the various sentencing conditions in the instant case of unfair sentencing, the lower court’s imprisonment (ten months of imprisonment) against the Defendant is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. According to the evidence duly adopted and examined by the lower court, the lower court determined that: (a) around 2011, F paid KRW 201,000,000 to I, who is the owner of the second floor D Building No. 201 (hereinafter “instant commercial building”); (b) however, F, at the time determined that the instant commercial building was monthly rent of KRW 20,000,000,000 to G; (c) the Defendant introduced the instant commercial building through E Licensed Real Estate Agent Office C; (d) the Defendant concluded a sales contract on the instant commercial building with F on May 17, 201; and (e) the Defendant paid KRW 100,000,000 to F, under the name of the down payment contract; and (e) the Defendant paid the remainder of KRW 100,000,000,000,000,000,000 to G under the name of the investigation agency as well as KRW 17,500,00,000.

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