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(영문) 전주지방법원 2015.06.05 2015노169
무고
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (eight months of imprisonment) is too unhued and unfair.

B. Defendant (De facto mistake) was issued to J on or before July 5, 2010 by affixing an official seal on the empty paper for confirmation documents, and there was no fact of delivery by affixing an official seal on or before July 5, 2010. Thus, Defendant’s complaint is not false.

2. Determination

A. The following circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court regarding the Defendant’s assertion of mistake of facts, namely, ① the J was directly informed by D in the investigative agency and the lower court’s “C Office on July 5, 2010”

In light of the following: (a) the Defendant, the actual manager of the instant building, affixed a seal on the establishment of the mortgage agreement under the name of K and the additional establishment of mortgage under the name of J and I, at the investigation agency of N judicial scrivener offices, Ma, who was delegated by J, around July 5, 2010, with the duties of establishing a new mortgage under the name of J and I, stated that “the document was affixed with a seal affixed by J prior to the office of C,” and (b) on July 5, 2010, the registration of the establishment of a new mortgage agreement under the name of I, J and K was completed with respect to the instant building on July 5, 2010; and (c) in light of the fact that the document necessary for the establishment of a new mortgage agreement, the Defendant, the actual manager of C, was affixed with the seal affixed to C’s corporate seal directly, the Defendant’s statement as a witness in the Jeonju District Court 201Gadan89

Therefore, the defendant's assertion of mistake is not accepted.

B. On July 13, 201, the instant crime of this case by the prosecutor’s assertion of unfair sentencing was filed by the J on the grounds that the Defendant was sentenced to imprisonment for two years with prison labor for the crime of unaffording theJ, etc. in the Jeonju District Court’s Gunsan Branch on April 12, 2012, and the said judgment became final and conclusive on April 12, 2012, and the Defendant testified with false testimony by the J.

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