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(영문) 대구지방법원 안동지원 2016.08.09 2015고단575

모해위증등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Reference Facts] The defendant and E are two-dimensional shapes.

E was investigated from August 19, 2013 by the dong branch office of the Daegu District Public Prosecutor's Office as a criminal case, such as the prosecution of the defendant, and was prosecuted on April 30, 2014 by the crime of conflict with the support of the Daegu District Public Prosecutor's Office.

The summary of the facts constituting the crime in the instant case is as follows: “Around November 3, 2009, the Defendant entered into a contract for the sale of land to G, the Defendant’s name of the Defendant, and the said contract was terminated due to E’s request, and E paid KRW 100 million to G, and the land transaction was terminated as the cancellation of the registration for the transfer of ownership was made; “E returned the said KRW 100 million to G; and at the same time, he was threatened by G from March 2013 to August 14, 2013, and received KRW 100 million from drinking G, which is hot, around August 14, 2013.”

E tried to pay damages to G and make an agreement on December 2013 during the investigation of the said dispute case, but G refused to communicate with E and did not receive contact with E.

[Criminal facts]

1. On December 11, 2013, the Defendant received KRW 100 million as a check from the victim E, who was operated by the victim E in Ansan-si and Dong-si around December 11, 2013, upon the request of the victim, “The Defendant sent it to G to reduce KRW 100 million with respect to the conflict under investigation, and is different from the help to agree with G.”

While the Defendant kept the above checks requested to be delivered to G for the victim, he deposited them into the agricultural bank account under the name of the Defendant at that time and used them arbitrarily as his own living expenses.

Accordingly, the defendant embezzled the victim's property.

2. The Defendant appeared as a witness of the Daegu District Court’s 1sta-dong Branch of Ansan-dong Branch of the Daegu District Court (Seoul District Court 2014No. 297, Nov. 4, 2014) in the 1sta-dong Branch of the 304-dong, Chungcheongnam-dong, Chungcheongnam-do (Seoul District Court 2014 J. 297, Nov. 4, 2014).

The defendant's judgment on December 11, 2013.