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(영문) 창원지방법원 2019.07.11 2018노2693

무고

Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) did not allow or instruct the head of the field office G to prepare a subcontract modification contract (hereinafter “instant subcontract modification contract”) to the effect that the term of the steel structure construction between B Co., Ltd. (hereinafter “B”) and E (hereinafter “E”) is changed from November 4, 2016 to March 26, 2017.

Nevertheless, G arbitrarily prepared a subcontract modification contract and a notification of subcontract subcontract (revision) by changing the deadline for construction work of E and Managics into March 26, 2017, and forged a private document by affixing B employee seal to each contract.

Therefore, the defendant filed a complaint against G and E, such as fabrication of private documents, etc., so the defendant did not have any intention to commit a crime against the defendant at the time of submitting the written complaint.

2. The summary of the facts charged is that the Defendant was the actual operator of B, and B was awarded a contract for the “D general industrial complex expansion work” ordered by the C market, and on November 5, 2015, the part of the steel structure construction among the above construction works was subcontracted to E (representative F) and agreed on November 4, 2016. G was a “D general industrial complex expansion work” as a staff member of B from March 1, 2016 to November 14, 2016.

On January 2017, the Defendant had an attorney-at-law I prepare a written complaint at a law firm located in H in Jung-gu Seoul, Jung-gu, Seoul.

A written complaint is that “G and F shall prepare and forge a standard subcontract agreement and subcontract agreement (revision) in the name of the J representative director, which shall be changed from November 4, 2016 to March 26, 2017 between B and E without the Defendant’s permission for the purpose of exercising the contract at an influent place on October 28, 2016, and submitted to the public official in charge of C viewing this time, and thus, shall be punished as forgery of private documents and uttering of a falsified investigation document.”