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(영문) 대법원 1983. 12. 13. 선고 83도2342 판결

[위증][공1984.2.1.(721),228]

Main Issues

8,900s on the affairs handled prior to the 8,90s on the false statement contrary to the testimony and memory.

Summary of Judgment

The testimony of the defendant's testimony about the question of the affairs handled by the defendant 8,9 years should be interpreted to the effect that even if he did not know about the detailed circumstances even though he did so in the documents handled at the time, it shall not be deemed a statement contrary to memory.

[Reference Provisions]

Article 152 of the Criminal Act

Escopics

Defendant

upper and high-ranking persons

Prosecutor

Judgment of the lower court

Seoul Criminal Court Decision 83No1812 delivered on July 1, 1983

Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

Since perjury is established by a witness who took an oath made a false statement contrary to his memory, the court below's decision to refuse receipt of deposit money from May 12, 1973 to June 1974 is hard to reverse the first branch of the Industrial Bank of Korea, and the defendant was employed as the head of the branch office above the above bank before the defendant is appointed as the branch office, which is the Daegu District Court 67-214, and the non-indicted 7 building site owned by the debtor, and the non-indicted 2, who is jointly and severally liable for an optional auction of real estate on the land and building above the non-indicted 50,000 won, which was 50,000 won at the time of paying deposit, and it is hard to find that the non-indicted 1, who was the head of the branch office above, was not aware of the above fact that the deposit money was not the total amount of debt, and it is hard to find that there was no other motive for the defendant to revoke receipt of deposit money from the court below 1981.

In the theory of the lawsuit, the court below stated that the defendant's statement in this case does not have any influence on the trial result and thus perjury is established or established regardless of the motive for perjury. Thus, the court below erred by misapprehending the legal principles on perjury. However, the purport of the court below's judgment is to examine the defendant's statement in the process of creating evidence that the defendant's statement is false in violation of his memory, and it is clear that the defendant's statement does not have any influence on the judgment, and it is obvious that the contents of perjury do not affect the judgment. Accordingly, the court below's appeal cannot be adopted since it is nothing more than criticism against the judgment of the court below.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Il-young (Presiding Justice)