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(영문) 수원지방법원 2019.01.09 2018노3466

사문서위조등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below determined that it is difficult to believe the testimony of E, but at the time of the instant case, it appears that E was difficult to refuse the direction of the Defendant due to the actual direction and supervision of the Defendant, and that E was in a position to make a false testimony only with the friendly relationship with the Defendant or the complainant.

Rather, in that K’s statement was a long-term employment of the Defendant, support the credibility of the E’s statement to the effect that K is not high, and that the main contents of K’s statement in the court of original instance are “I would know it well, I would know it well, and you would know it well.”

On the other hand, H and J consistently stated that they came to know from E in the instant case, and each of the above statements also support the credibility of E’s statement in that it contradicts the common sense that E’s spread of criminal facts he/she chaind against E.

Therefore, in full view of the E’s statement, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, even though it can be sufficiently convicted of the facts charged.

2. The summary of the facts charged in this case is as follows: (a) on July 30, 2014, the Defendant: (b) made, without authority, E enter into a farming consignment agreement with his/her employees with respect to G farmland located in Chungcheongnam-si, Chungcheongnam-si; (c) on August 30, 2013, the Defendant entered into a farming consignment agreement with the FF Co., Ltd., Ltd., Ltd., and the C representative Director A, a Co., Ltd., a Co., Ltd., a Co., Ltd., and the C Representative, a Co., Ltd., a Co., Ltd., an agricultural corporation; and (d) made and printed out as a computer file at the bottom of the consignment agreement; and (c) attached one copy of the said agreement with the representative director, a FF Co.,, Ltd.,