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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
Reasons
1. According to the statement of reasons for appeal E and the contents of the certificate of personal seal impression, and the contents of the certificate of personal seal impression written by the National Scientific Investigation Institute, the defendant can be found to have affixed the defendant's seal impression on the back side of the certificate of personal seal impression according to the agreement with E.
Nevertheless, the court below rejected the certificate of personal seal impression, which is an objective evidence consistent with the facts charged, and E's testimony and credibility, and found the defendant not guilty. Thus, the court below erred by misunderstanding the facts and misapprehending the legal principles.
2. Determination
A. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor examined the case at the trial, and the prosecutor applied for amendments to the indictment to delete the part of the charges of this case, “In this case, the Defendant, in accordance with the agreement with E, entered as “,” and affixed the Defendant’s seal impression on September 2008,” which read “in accordance with the agreement with E, in which case, the Defendant had affixed the seal impression of the Defendant.” The judgment of the court below was no longer maintained as the case was modified by this court permitted this.
However, even if there are such reasons for ex officio destruction, the part that corresponds to the changed facts in the prosecutor's above assertion of mistake is still subject to the judgment of this court.
B. The Defendant’s determination as to whether the Defendant, on a yearly basis, stated the phrase “to receive a corporate city compensation” and affixed a seal to the phrase “to receive a corporate city compensation,” as soon as he/she received a certificate of the personal seal impression at the Dong office. However, the Defendant asserts that “I will receive a corporate city compensation” was written on August 2009 with the document to be deleted and see that E was written.
However, according to the letter of appraisal by the National Scientific Investigation Agency, the back of the certificate of personal seal impression is subject to appraisal.