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The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. In full view of the contents of the relevant documents, such as witness D, F, and M’s legal statement, process deed, and note, it is recognized that the Defendant was making a decision to dismiss F by submitting a complaint with the same contents as the facts charged, and by making a statement to the investigative agency.
However, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, which acquitted the Defendant of the facts charged in this case.
2. Ex officio determination
A. We examine ex officio prior to the judgment on the grounds for appeal.
Of the facts charged in this case, the prosecutor stated that “The contents of the complaint in this case were stated in the court of law No. 2014Guh 4193 at around April 8, 2015, 2015, F, who is the defendant F, was present at the court of law No. 2014Guh 4193 at around April 8, 2015 to stay at the Daegu District Court of Law No. 2015, and made an oath, ① if the complainant (Defendant) received dividends of KRW 30 million out of the amount of 60 million notarized on the site of this case, he would return it to F, and ② if the property of D is sold by auction, the complainant (Defendant) received this auction proceeds and gave 30 million won out of them to F, and ③ prepared a complaint as to the above evidence during the trial (defendant) and prepared several documents related to D's testimony such as a criminal trial.”
“The content of the complaint” portion “Around April 8, 2015, at the court of law No. 2, 2015, F, who was Defendant F, was present and take an oath as a witness of the loan case against D, the above court of law No. 2014 group 4193, the above court of law No. 4193, and ① if the complainant (Defendant) received notarial 60,000,000 won from D, each written statement stating that he would return 30,000 won from notarial notarial notarial notarial notarial notarial notarial notarial notarial notarial notarial notarial notarial notarial notarial LLC, and if an auction is conducted on D’s property recorded as a security, the complainant (Defendant) received this auction proceeds and gave 30 million won from notarial notarial notarial notarial notarial