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(영문) 대전지방법원 2020.09.10 2020노1794
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no seal affixed on a contract in which the unit price per ton of wastes from mistake is KRW 13,000 (hereinafter “instant contract”) and the contract is forged by C and D.

Nevertheless, the lower court determined that the Defendant reported false facts that the Defendant had affixed a seal on the above contract on the sole basis of the circumstances indicated in its reasoning.

Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The lower court also asserted the same purport as the grounds for appeal in this part.

The lower court rejected all of the Defendant’s arguments and convicted the Defendant of the instant facts charged on the following grounds.

(1) As a result of the appraisal by the National Scientific Investigative Institute, it was found that the seal affixed to the contract of this case and the seal affixed by the defendant are identical.

② A consistently stated, from the investigative agency to the court of the court below, that “A signed the instant contract and signed it to the Defendant’s on-site office, and the Defendant directly sealed his seal on the instant contract.”

③ Meanwhile, the Defendant stated consistently and clearly at an investigative agency that “No one shall place his/her personal seal to another or keep it in another place.”

In addition, the statement was made to the effect that “C does not have only once the enemy found in the Defendant’s on-site office.”

In light of the statement of the defendant and the relationship between the defendant and C, it seems unlikely that C has affixed the seal of the defendant in this case to the contract of this case.

(4) The Defendant issued from C a unit price of KRW 13,00 per ton of wastes on November 8, 2017, and an electronic tax invoice issued by C a unit price of KRW 13,000 per ton of wastes on November 9, 2017.

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