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(영문) 울산지방법원 2019.01.11 2018노631
무고
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is erroneous in the misunderstanding of facts and misapprehension of legal principles in the judgment of the court below, although the defendant did not know that he was not guilty.

2. Determination

A. Examining the assertion of misunderstanding of facts and misapprehension of legal principles, the Defendant was committed on the fifth trial date of the first instance trial, and the following circumstances acknowledged by relevant evidence, i.e., B, from the investigative agency to this court, the Defendant: (a) consistently sold 3 containers directly to the Defendant; (b) the Defendant sold 3 containers and sold 170,000 won; (c) however, the Defendant sold 3 containers around July 2017 to the effect that he disposed of 3 containers without permission. Since the Defendant did not receive 770,000 won in arrears from the Defendant; (d) after the instant accident, the Defendant stated to the effect that “The Defendant would pay 6 million won after deducting 170,000 won from the sales proceeds of 3 containers, to resolve the above problem,” and (e) the Defendant’s statement to the effect that “the Defendant’s dialogue with the Defendant and the Defendant, as an employee of the company operating within the Republic of Korea War, can be seen as selling a container to the Defendant’s payment of wages in arrears.”

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