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The judgment of the court below is reversed.
The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.
Reasons
1. The summary of the grounds for appeal that the defendant denies the contents of the police interrogation protocol, and thus, it is not admissible, and the witness F of the court below, regardless of the contents of the Defendant and E conversations, the court below convicted the defendant on the grounds of the police interrogation protocol against the defendant who has no admissibility of evidence and the F's statement. The judgment of the court below
2. Prior to the judgment on the grounds for appeal ex officio, the prosecutor applied for changes in the indictment of this case as stated in paragraph 3(a) below for changes in the indictment of this case at the time of the trial. Since this court permitted changes in the subject matter of the judgment, the judgment of the court below is no longer maintained.
However, despite the above reasons for ex officio destruction, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, and we will examine below.
3. Judgment on the defendant's assertion of mistake of facts
A. A. On November 21, 2013, the summary of the facts charged in the instant case, at the Gwangju East-gu District Court located in 7-12, Gwangju Dong-gu, Gwangju, the Defendant appeared and taken an oath as a witness of the case claiming unjust enrichment against the above court 2013Gahap50345 (C) and three others, and the Plaintiff’s agent testified that “A witness is unaware of who is D,” “I do not know it, and I would like to borrow money from the Defendant E by telephone, as Defendant E was in need of money as Defendant E.”
However, in fact, D did not have a telephone conversation with the purport that “E borrowed money from D”) was testified as if E borrowed money directly from a person known to him/her, since D did not have any fact of communicating or telephone conversations, D did not know of who is E, and E was also aware of who is D.
In the end, it is eventually.