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(영문) 서울서부지방법원 2015.06.26 2015노334
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court determined that, on the basis of the statements, etc. of E and G, the Defendant made a false complaint on the suspicion that he/she forged the Annexed Agreement on May 22, 2013 (hereinafter “instant Annexed Agreement”) which was written by E through the agreement with the Defendant on May 22, 2013, inasmuch as there was no forgery of the Annexed Agreement on the same date (hereinafter “instant Annexed Agreement”) by arbitrarily inserting Paragraph 5.

However, the Defendant was not aware of the provisions of Paragraph 5 added to the second annexed agreement of this case. On October 17, 2013, the Defendant became aware of the existence of the instant annexed agreement, which is the annexed agreement of May 22, 2013, only when he received the notification of confirmation of the fact of transaction from the Marina, 2013.

Furthermore, on April 23, 2013, the annexed agreements of this case (hereinafter “the annexed agreements of this case”) did not contain Paragraph 5 as stated in the annexed agreements of this case. The formulation of the second annexed agreements of this case was intended to change the parties to the first annexed agreements of this case from the individual E and the defendant to the International Co., Ltd.J which are corporations E and the defendant, and they did not intend to make any amendment to the contents of the agreement. The first annexed agreements of this case were all present at the time of the formulation of the first annexed agreements of this case, while the E and the defendant were present at the time of the formulation of the second annexed agreements of this case, they were only changed to the employees of this case while the parties to the second annexed agreements of this case were to change to the parties to the contract. If they were to prepare the new annexed agreements, they did not have to prepare the attached agreements of this case, and the contents of Paragraph 5 added to the attached agreements of this case are limited to the total contract amount of the E and the defendant.

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