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(영문) 부산고등법원 2018.07.19 2018노233
무고
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (misunderstanding of facts) did not agree to either purchase one insurance policy with D or the remaining three insurance policies, and filed a complaint against D with D that D voluntarily purchased three insurance policies. Thus, there was no intention to file a false complaint.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unhued and unreasonable.

2. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the Defendant’s assertion of mistake of facts, the Defendant consented to the Defendant’s own admission.

Recognizing one insurance policy (hereinafter “No. 1 insurance”) that is recognized as one insurance (hereinafter “1 insurance”) other than the remaining three insurance policies (hereinafter “No. 2015 FI insurance”) (hereinafter “No. 2015”) that subscribed to the Insurance on May 29, 2015; “No. 2, 33, and 4 insurance”; “No. 4 insurance”, “no. 2, 3, and 4 insurance” in the order of subscription; “No. 8, 2015 FI insurance”; “No. 2,” “No. 3,” and “No. 4 insurance” in the order of subscription; however, even if having given consent to the subscription and given the authority to prepare documents related to the subscription, the Defendant arbitrarily forged documents related to the use of insurance under the name of the Defendant.

It may fully recognize that a false complaint has been filed.

In this regard, the judgment of the court below that convicted the Defendant of the facts charged of this case does not err by misunderstanding the facts as alleged by the Defendant, and the above assertion by the Defendant is without merit.

① From the end of October 2014 to the end of October 2015, the Defendant: (a) provided teaching programs on the premise of E and marriage; and (b) D, as its mother, is an insurance designer of the Young River Life Insurance Co., Ltd. (hereinafter “Seo River Life”).

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