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The judgment of the court below is reversed.
The defendant shall publicly announce the summary of the judgment against the defendant not guilty.
Reasons
1. Summary of the facts charged in this case and the judgment of the court below
A. The summary of the facts charged in this case is as follows: (a) the Defendant performed the procedure for ownership transfer registration on the part of the forest and field E in Seoul Gwanak-gu Seoul Special Metropolitan City on November 23, 2004 with respect to the portion of the said land donated to the Seoul Western District Court (hereinafter “Seoul Special Metropolitan City E”) to submit false evidence in order to obtain favorable judgment in the lawsuit claiming ownership transfer registration that was filed on November 23, 2004; and (b) the Defendant changed the bags of the said document by entering the “50 square meters (which means the land that can be permitted to construct) from among the natural green belt E in Seoul Special Metropolitan City, Seoul Special Metropolitan City E, as if the said land was donated to the Defendant.
On January 22, 2010, the Defendant submitted documents bags altered as evidence in the Seoul Western District Court’s civil petition office located in Mapo-gu Seoul Metropolitan Government 105-1, and submitted documents bags as evidence in relation to the above lawsuit as to the revocation of provisional disposition No. 2009Ra321 related to the above lawsuit. On January 25, 2010, the Seoul Western District Court submitted a preparatory document on the above lawsuit for ownership transfer registration and submitted them as evidence.
Although the Defendant was accused of a favorable judgment by deceiving the above court, D did not bring about an attempted crime because it did not bring about an alteration of an envelope through a criminal trial, by disputing the alteration of the aforementioned document envelope.
B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the adopted evidence.
2. The summary of the grounds for appeal filed a lawsuit against D on November 23, 2004 (Seoul Western District Court Decision 2009Da46654) against D, as indicated in the facts charged in the instant case, to seek implementation of the procedures for ownership transfer registration on the grounds of donation on November 23, 2004 (Seoul Western District Court Decision 2009Da46654) against D, and the document bags containing “written promise for the contribution of the school site” in the process is inside the Gwanak-gu Seoul Special Metropolitan City E.