무고
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the grounds for appeal (the factual errors) is as follows: (a) the Defendant “Agreement on August 24, 201” (hereinafter referred to as the “Agreement on Agreement on August 24, 201).
Although the court below determined that the above agreement was prepared by the defendant and made a good report to D, since it was not false and forged, since D did not file a complaint, it was erroneous in the judgment of the court below which affected the conclusion of the judgment by misunderstanding facts.
2. Determination
A. Around November 8, 2013, the Defendant submitted a complaint to the Busan District Public Prosecutor’s Office that “The Defendant punished D, E as a crime of forging private documents, uttering of an investigation document, etc.” at the Busan Public Prosecutor’s Office located in the Dong-dong, Busan Public Prosecutor’s Office.”
The contents of the written complaint include “D and E, in collusion, prepared and forged the written agreement on August 24, 201 in the name of the defendant A (Defendant), and submitted the forged agreement to the office of the Busan High Court's branch office in Busan High Court on March 8, 2013, the Changwon District Court's branch office in the Changwon District Court on March 8, 2013, and the Busan District Public Prosecutor's Office in the Busan District Public Prosecutor's Office around April 2013 to exercise it.”
However, on August 24, 2011, the Defendant, at the G coffee store located in Busan Metropolitan Government on August 24, 201, sent to D the “Agreement on August 24, 201, in which he directly prepared and affixed his seal and affixed his seal,” and thus, the said document was not a forged document prepared voluntarily by D or E, and the Defendant was well aware that the said document was not a forged document.
Nevertheless, the defendant did not file a false complaint with the above D or E for the purpose of criminal punishment. Thus, the defendant did not comply with the above D or E by submitting a false complaint.
B. The judgment of the court below is identical to the following circumstances, which are acknowledged by each evidence in its judgment, namely, as a result of document appraisal, the seal of the name of the defendant under the agreement of this case and the seal of the defendant's name.