무고
The prosecutor's appeal is dismissed.
1. The statement of C in the grounds for appeal is consistent from the investigation stage to the court.
On the other hand, notwithstanding the results of seal and written appraisal, the defendant consistently asserts that he did not sign and seal the power of attorney and promissory note for notarial acts, and there is no credibility in denying the crime of this case, and the F's statement at the original court is also not reliable as it is to avoid the punishment of his offense of false accusation.
Therefore, according to the evidence submitted by the prosecutor, the defendant can sufficiently recognize the fact that he did not know C.
Nevertheless, the lower court rejected C’s statements and appraisal results without reasonable grounds, and acquitted Defendant and F on the facts charged of this case on the grounds of the testimony of Defendant and F without credibility.
The court below erred by misunderstanding the facts against the rules of evidence and affecting the judgment.
2. Summary of the facts charged and the judgment of the court below
A. A. Around November 5, 2013, the Defendant entered into a contract for solar energy re-facilities with C with C, and signed a promissory note paper and a proxy form for notarial acts and affixed a seal thereto.
Nevertheless, on December 5, 2013, the Defendant filed a complaint with the Cheongnam Police Station stating that “C arbitrarily enters the name of the Defendant in the form of a promissory note and the proxy form, and forged the said promissory note and the proxy form, which had been inscribed voluntarily, signed by the Defendant, and submitted this document to the notarial office on November 13, 2013, and had E, a notary public who is aware of the forgery, enter false facts in the authentic copy of the notarial deed, in the authentic copy of the notarial deed.”
Accordingly, the defendant did not appeal C.
B. The lower court determined that the Defendant’s statement is consistent, and F, which concluded a contract for the installation of a promissory note and solar boiler with C, also did not have any record of preparing to C a promissory note and a power of attorney.