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(영문) 부산지방법원 2013.11.07 2013노1532

무고

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) around June 20, 1994, the Defendant did not prepare a confirmation document stating that “A shall order C to occupy the front corridor of the 241 shop located in Busan Metropolitan Government Da as the two-year contract period; (b) the 242 shop contract period is one year, and the two-year contract period is one year, and thus both parties agree to occupy the middle of the corridor by mutual agreement; and (c) C has forged a confirmation document of the Defendant’s name stating the above contents submitted to the Busan Metropolitan Government Do Police Station around January 12, 2012; (d) however, the lower court erred by misapprehending that the Defendant directly prepared the above confirmation document and delivered it to C, thereby adversely affecting the conclusion of the judgment.

2. The following facts or circumstances duly admitted and examined by the court below, including the witness E’s legal statement and the statement of witness C in the third trial records of the court below. The defendant and C, from around 1992 to around 192, have a passage between their respective stores located in Busan-gu, Busan-do. In preference to C, the defendant who occupied and used the above passage prior to June 20, 1994, occupied C a half of the passage of the store No. 241 (the rear passage) and possessed C on June 20, 1994, all of the passage of the store No. 242 (the rear passage) are occupied and used by the defendant and occupied by C for the last half.

“The fact that the instant agreement was written and delivered in writing to the effect that: (a) the Defendant did not grant C a half of the passage of the store No. 242 and did not resolve the dispute between the Defendant and C; (b) the Defendant, who shown the instant agreement to the Defendant around 2011, stated that “this document has no legal effect; (c) the Defendant did not state that the said agreement was forged; and (d) the Busan Coastal Police Station requested the National Scientific Research Institute to conduct a written appraisal as stipulated in the instant agreement.”