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(영문) 울산지방법원 2016.06.16 2016노339
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant: (a) was able to write a petition, i.e., 80,000 won, instead of 20,000 won; (b) but, in the course of purchasing the F Volunteer Together on January 1, 2013, the Defendant received money bags from I, the president of the sales company, and delivered them to E; and (c) the Defendant’s true content is not false.

Nevertheless, the court below erred by misunderstanding the facts that found the defendant guilty.

B. The sentence of the lower court (an amount of KRW 3,00,000) that is unfair in sentencing is too unreasonable.

2. Determination

A. The following circumstances revealed by the evidence duly adopted and investigated by the court below, namely, ① from the investigative agency to the court of the court below, E stated that there was no money from I in the process of purchasing the F volunteer boom, and I also stated that there was no money delivery to E; and Ha did not hear not only the fact that Ha paid the amount of money together with the Defendant, but also Ha paid the amount of money to the Defendant, and Ha did not listen to the Defendant that I gave the Defendant a money bag.

A statement is made; ② Meanwhile, I made a statement with evidence consistent with the fact that I given money to E; the Defendant, as if I directly confirmed the money contained in the first investigative agency, gave the Defendant an envelope containing 160,000 won (a total of 80,000 won) and the Defendant delivered this envelope to E.

It is reasonable that the money contained in an envelope after specifically describing and delivering it with an envelope 800,000,000 for 400,000 won or more, but it is reasonable to deliver it by receiving money bags from I.

In addition, in the case of the Si, some of the alcoholic beverage content has been changed, and in the case of the Si, the amount entered in the envelope is not 80,000 won but 20,000 won.

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