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(영문) 인천지방법원 2013.07.05 2012고정4949

위증

Text

Defendant

A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 700,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is the representative director of D, a waste disposal company, and Defendant B is the management director of the above company.

D Co., Ltd. entered into a sales contract with F Co., Ltd., a real estate rental development business entity, and Bupyeong-gu Incheon Metropolitan Government, to purchase 6,611.6 square meters of land for G G factory at KRW 4 billion (the contract amount of KRW 400 million, intermediate payment of KRW 1.6 billion, and the balance of KRW 2 billion). From September 16, 2004 to November 12, 2007, the Co., Ltd. paid KRW 50 million to E in the name of contract deposit and intermediate payment for seven times from November 16, 2007.

D Co., Ltd. filed a complaint against E as the collateral for the above factory site, and the above E was indicted to the Seoul Northern District Court on December 3, 2010 for violating the Act on the Punishment, etc. of Specific Economic Leave (Misappropriation) and continued trial as the Seoul Northern Northern District Court case No. 2010 high-priced481.

1. On February 15, 2011, Defendant A testified at the court of Seoul Northern District Court 301, that “I do not have any fact that D has agreed with, or has sold part of the land it intended to purchase, with H,” and that “I testified “I do not have any content agreed with H at all” of the attorney’s testimony as witness of the case of violation of the Act on the Punishment, etc. of Specific Economic Price (Misappropriation) to E by the above court of Seoul Northern District Court 2010Da481.

However, the fact was well known that D Co., Ltd. sold 700 square meters out of the above land for factory under H agreement with H.

Accordingly, the above defendant, who was a witness who has taken an oath under the law, made a false statement.

2. Defendant B appeared at the court of Seoul Northern District Court 301 on February 15, 201, and testified after being sworn as a witness for a violation of the Act on the Punishment, etc. of Specific Economic Price (Misappropriation) against E by the above court of Seoul Northern District Court 2010Da481 on February 15, 201, the defense counsel’s “I do not have any fact that D has agreed with H or sold land” and “D.”