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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전지방법원 2014.04.16 2014노63
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant, on April 29, 2009, delegated D with the power of attorney (hereinafter referred to as “the power of attorney of this case”) to prepare a letter of attorney on April 29, 2009, or affixed the Defendant’s seal directly on the power of attorney of this case, filing a complaint against D for the crime of forging private documents, etc., the lower court found D as guilty of the facts charged.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination:

A. According to the following circumstances found by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, it is recognized that the Defendant filed a false complaint against D due to the crime of forging private documents, etc., even though the Defendant entrusted D with preparing the power of attorney in this case and affixed the Defendant’s seal directly on the power of attorney in this case. Thus, the argument of mistake of facts is rejected.

1) On August 4, 2008, D acquired bonds (principal KRW 200 million) from the Defendant’s lawsuit against G on August 4, 2008, and the Defendant agreed that the Defendant would raise the acquisition price without giving notice of the assignment of the credit, which was subject to a favorable judgment on the above claim. Accordingly, the Defendant cannot be trusted, and the Defendant would pay an additional amount of KRW 10 million on April 29, 2009, and if dividends are distributed to the Defendant during the subsequent auction procedure, the power of attorney was prepared in order to create a notarial deed with an execution title to seize the dividends. At the time, upon the Defendant’s request for affixing a seal at the time, the power of attorney at issue stated that the Defendant affixed a seal and affixed a seal again to D on August 39, 2008.

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