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The judgment below is reversed, and the case is remanded to Seoul Southern District Court Panel Division.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of any statement in the supplemental appellate brief not timely filed).
1. The summary of the facts charged in this case which the court below found guilty of the defendant among the facts charged in this case is as follows: on November 26, 2010, the defendant appeared as a witness of the defendant of the case of cancellation of registration of creation of collateral security (hereinafter referred to as "related civil case") which the plaintiff C filed against the defendant D (hereinafter referred to as "D") at the Seocheon District Court Branch of Daejeon District Court on November 26, 2010, and testified after taking an oath, the defendant did not inform C of the fact that he did not have made telephone conversations with C before receiving documents for establishment of collateral security (hereinafter referred to as "related civil case"), although the defendant did not request for delivery of documents necessary for establishment of collateral security, the defendant's agent's "I cannot ask the plaintiff to present his personal identification card, certificate of seal imprint, certificate of seal imprint, and certificate of collateral security (hereinafter referred to as "the party who asked to explain the documents prepared at that time" with the plaintiff's contact address and inform the plaintiff as necessary documents for establishment of collateral and explain to the plaintiff."
2. As to the judgment of the court below, the court below held that F sent it by mail to F unless F is allowed to do so due to work place C, and that there was no telephone conversation with C before receiving the documents establishing a right to collateral security.