위증
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (the factual error) testified that the Defendant testified on January 16, 201 in the name of the network H to the examination of the foregoing loan certificate on February 15, 201 as of February 15, 2011, and the Seoul Central District Court Decision 201Gahap666 (main claim), and 73 (Counterclaim) case on August 11, 201, the Defendant testified to the effect that he did not complete the above loan certificate and testified to the effect that he was not guilty of the facts charged in the instant case, but did not err in the misapprehension of the judgment, which affected the conclusion of the judgment.
2. Determination
A. We examine ex officio the facts charged in this case by adding them to the existing facts charged (defluence related to a loan) and applied for amendments to a bill of indictment with the contents of the following facts charged. This court permitted it, and this court found the defendant guilty of the changed facts charged. As such, the judgment of the court below based on the premise of the original facts charged cannot be maintained without the need to determine the grounds for appeal. However, since the modified facts charged contain the facts charged prior to the amendment, the prosecutor's assertion of misconception of facts against the existing facts charged still is subject to the judgment of this court, which is first determined.
B. Around 17:00 on August 11, 201, the Defendant appeared as a witness on the fourth day of the case of the claim for cancellation of the registration of the establishment of a collateral security, which was instituted by the Seoul Central District Court No. 581, the Seoul Central District Court No. 2011Gahap66 (principal suit), 201Gahap73 (Counterclaim) C, and taken an oath on August 11, 201.