beta
(영문) 대전지방법원 논산지원 2018.11.16 2018고정78

위증

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 20, 2017, the Defendant appeared as a witness of the Daejeon District Court’s 1st court, which was located in 99, Seosan-si, Seosan-si, Seosan-si, Seosan-si, Daejeon District Court, and 2017, which was located in 56, as a witness of the construction materials rent case for Defendant E limited partnership companies, etc. of Plaintiff C.

It is essential that the Defendant received from the agent of the Defendants a certain amount of money from F or G up to now, and a rent from the said agent.

I would like to be asked "I will not".

Then, from the representative of the Defendants, “one time” is required.

The testimony was made “for example” in order to ask questions.

However, in fact, the above D is for rent from G on January 25, 2017, KRW 20,000,000, and the same year.

4. There was a fact that 13,000,000 won was paid.

Accordingly, the defendant made a false statement contrary to his memory and raised perjury.

Summary of Evidence

1. Statement by the defendant on the fifth public trial date;

1. Statement made by the police with H;

1. Protocols of examination of witnesses;

1. A temporary lending contract;

1. An inquiry request or a certificate of confirmation of remittance;

1. Application of Acts and subordinate statutes to investigation reports (the filing of copies of G's tax invoices);

1. Article 152 of the Criminal Act applicable to the crime, Article 152 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act recognizes the crime of late payment by the Defendant.

The perjury was already finalized on September 8, 2018, and the Defendant denied the facts charged by not later than four times, and the confession was made on May 2018 ( November 13, 2018), and thus, does not constitute legal mitigation grounds.

The defendant seems to have not finally affected the outcome of the trial.

However, perjury is a serious crime that undermines the judicial function.

The defendant's attitude at the investigation stage and in this court (the defendant's appearance at the investigation stage is not complied with and arrest warrant is issued.