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(영문) 서울중앙지방법원 2019.02.15 2018노3218
무고
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

(The entry of a document that was submitted after the lapse of the period for submitting the Reasons for Appeal shall be considered to the extent of supplement in case of a mistake of facts) the Defendant did not dismiss D or C.

The Defendant was unable to lend and receive money to D and C.

2) The sentence of the lower court on the grounds of unfair sentencing (eight months of imprisonment) is too unreasonable and unfair. The prosecutor’s sentence of the lower court is too unreasonable and unfair. According to the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the following circumstances may be acknowledged. D related to the complaint against D may be acknowledged by an investigative agency, and five million won of the money received from the Defendant, which is KRW 5 million, among the money received from the Defendant, D Company B (hereinafter “B”).

(2) The Defendant stated that: (a) as the dividend of the money invested in the Defendant did not amount to KRW 5 million; (b) the Defendant would bring about KRW 5 million on the part of the Defendant; (c) the amount to KRW 206,500,000 (Evidence No. 2; 606; hereinafter “Evidence No. 2,5,000) was transferred to and delivered to the Defendant for transfer of the money to D’s account (Evidence No. 607; hereinafter “Evidence No. 607”); and (d) the Defendant stated that he received KRW 25,00,000 from the Defendant through D to the effect that he received KRW 25,50,000 (Evidence No. 2; 735 of the Evidence No. 735); and (e) the Defendant borrowed KRW 200,000 from B and the Defendant made a statement to the Defendant on August 1, 2011 under the name of D and B (Evidence No. 2, 8060,00,000).

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