(영문) 청주지방법원 2016.06.23 2015노1298 | 리걸엔진

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(영문) 청주지방법원 2016.06.23 2015노1298

무고

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant is not aware that he/she has consented to prepare and submit a construction report under the name of the defendant, and that he/she has consented thereto.

Even if the defendant did not agree and accused, there was no intention to commit a crime against the defendant.

B. The punishment of the lower court (the imprisonment of eight months, the suspension of the execution of two years, and the community service order 120 hours) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of facts and the evidence duly adopted and investigated at the lower court and the lower court, the Defendant may be recognized as having filed a complaint by pointing out false facts as stated in the lower court’s reasoning. Therefore, the lower court’s judgment that found the Defendant guilty of the instant facts charged is correct, and there is no error of law

1) On January 19, 2010, the Defendant submitted an online occupancy application on the G Village website, and sent e-mail to D, the chairperson of the G Village Construction Promotion Committee, and applied for occupancy in the capacity of an individual regardless of the project. On January 19, 2012, all family members expressed their intention to be a plan to move into the G Village, and submitted e-mail to D on April 19, 2010.

Defendant operated;

On July 13, 2010, L’s employees sent to D a copy of the Defendant’s resident registration to D by e-mail. D, on July 14, 2010, the following day, prepared a construction report under the name of the Defendant, and submitted a copy of the Defendant’s resident registration to the Mosan-gun Office accompanied by the Defendant’s resident registration.

2) In relation to the instant issue, D related to the instant issue, the building report should be prior to G’s application for a heating business management fund to the Energy Management Corporation. Of the total 51 households, 49 households among the 51 households have been prepared for the building report, but the remaining two generations have not been prepared, by telephone to Defendant and J.

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