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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. Summary of grounds for appeal;
A. The defendant's grounds for appeal are as follows: (a) the defendant extended the sum of KRW 20 million to C twice, and received each of the above lawsuits, June 27, 2003, and July 28, 2003, and accordingly, filed a civil suit against C for the payment of a loan; (b) the defendant filed a complaint against C with C who filed the lawsuit fraud; (c) the defendant was present as a witness in the above in the above case and testified for the receipt of the above lending and payment request; (d) the defendant altered the statement of payment request held by him as a different circumstance by the statement of C without credibility; and (e) the defendant's filing of the lawsuit, accusation, testimony, fraud, false, and perjury, and the judgment of the court below which convicted him of the facts charged.
B. The reasoning of the appeal by the court below for the appeal by the prosecutor (one year of imprisonment) is too unhued and unreasonable.
2. Summary of the facts charged in this case
A. A. Around September 19, 2004, the Defendant: (a) received two copies of the payment note prepared by C as the Defendant’s principal agent from D with the bond company D with the intent to borrow a total of KRW 20 million from D and deliver it to D as gambling money; and (b) on September 21, 2004, C paid the above debt in full and went into existence as it is without delivering it to D; and (c) on September 21, 2004, even though the validity of two copies of the above payment note has ceased to exist due to C’s discharge of the above debt, the Defendant was able to alter the two copies of the above payment note as if he had the loan claim amounting to KRW 20 million, and at around that time, entered the date of borrowing the above payment note in C’s name at his own discretion by using an influencing machine.
around March 27, 2007, the Defendant is the obligee, and C is the obligor, from the Seoul Eastern District Court's civil application and office located in Jayang-dong 680-22, Gwangjin-gu, Seoul.