위증
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. According to the summary of the grounds for appeal (misunderstanding of the facts), the court below erred by rendering a judgment of innocence, contrary to this, although the defendant could have made a statement contrary to his memory as stated in the facts charged, and thereby, found the fact of perjury.
2. Determination
A. On June 5, 2015, the Defendant appeared as a witness of the fraud case against Defendant C at the Busan District Court No. 355, the Busan District Court No. 355, which was located at the Busan District Court, on June 5, 2015.
The instant case was obtained by deceiving D from October 30, 201 to July 5, 2013 in the aggregate of KRW 157,850,00 in the name of the borrowed money, although C did not have the intent or ability to repay the borrowed amount, by deceiving D from around October 30, 201 to July 5, 201. In the instant case, C repaid the above borrowed amount of KRW 90,000 or more through the Defendant, etc.
The argument was asserted.
However, in fact, the details that D remitted to the Defendant include the amount of KRW 69,40,000,000,000 for the time limit from D, which was paid in advance by the Defendant, and the Defendant borrowed money from D. Therefore, the details that the Defendant remitted KRW 13,90,000 to D include the details that the Defendant paid in advance, or the details that the Defendant repaid the Defendant’s obligation, including the details that the Defendant paid in advance, and the details that the Defendant repaid the Defendant’s obligation, which led to the inclusion of KRW 40,00,000,000,000,000, excluding KRW 7,3,000,000,000,000 for the remaining KRW 93,000,00
Nevertheless, there is a fact that the Defendant transferred KRW 1390,00 to D by the prosecutor’s “(s).
Of them, the amount of 70 million won is paid to the witness’s borrowed money.
The Defendant’s money is asked to read “Isson’s money” and to read “Isson’s money to mean “Isson’s money remaining after deducting KRW 7 million from its KRW 1.390,000,000.”
“The testimony was made.”
In addition, on July 8, 2015, the defendant re-satised as a witness of the above fraud case in the above court around 16:00.