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(영문) 서울중앙지방법원 2017.08.18 2017노1946
무고
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) Defendant D’s misunderstanding of facts constitutes a forgery of the contract by affixing the seal of the president C to the chief director or the Defendant (the president), and the statement of D is not reliable, and the judgment of the court below which found the Defendant guilty of the facts charged of the instant accusation is erroneous by mistake of facts.

(2) The sentence of the lower court’s improper sentencing (two years of suspended sentence of imprisonment for eight months) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding the facts, the lower court also asserted the same purport, and in full view of the specific circumstances as stated in the lower court’s decision No. 2, No. 13, supra, the Defendant’s accusation that D forged a sub-lease contract for a building as stated in the facts charged may be deemed false.

The defendant was found guilty of the facts charged in this case.

In full view of the circumstances cited by the lower court and the following facts and circumstances admitted by the evidence duly admitted and investigated by the lower court, it can be recognized that the Defendant’s accusation that D forged the said building sub-lease contract has reported false facts.

Therefore, the judgment of the court below is just and the defendant's assertion of facts is without merit.

① The Defendant asserts that C’s power of representation is the president, and the Defendant has to affix the name seal of the president to the sub-lease agreement and that there is no reason to affix the president’s official seal, but the document preparation is “C Association President” or “C”, and the document preparation is “C Association President” or “C” in 2015” (49 pages). However, only the instant sub-lease agreement is not an official seal of the president.

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