위증
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. On November 18, 2015, the Defendant appeared as a witness of the Daejeon District Court (Plaintiff C and Defendant D) case (Plaintiff C and Defendant D), 2015Kadan 1956 Ga 1956 Ga, etc., at around 16:30, the Defendant issued a written estimate and a deposit certificate to the Plaintiff who is an E management manager with the Plaintiff’s consent, and submitted the said documentary evidence to the Defendant’s agent “a summary that the Plaintiff prepared the said documentary evidence and presented it on the spot.”
“The answer was made.”
However, there was no fact that C had witnessed the process of preparing a quotation, deposit evidence, etc. of the construction cost.
Accordingly, the defendant made a false statement contrary to his memory and raised perjury.
2. Determination
A. Whether testimony of a witness in perjury constitutes a false statement contrary to his memory should be determined by understanding the whole testimony during the relevant examination procedure as a whole, rather than by the simple composition of the testimony. Even if the whole purport of the testimony is identical to objective facts and it is inconsistent with memory as to the minor portion of the witness, if it is not a statement contrary to his memory, it cannot be a perjury (see Supreme Court Decisions 95Do2864, Mar. 12, 1996; 2007Do5076, Oct. 26, 2007; 2007Do5076, Oct. 26, 2007). In addition, even if there is a little error or inconsistency in the part of the witness’s subjective evaluation opinion as to objective facts experienced by the witness, the perjury cannot be established upon the witness’s request for the return of the down payment to the defendant as a witness after being present at the court and being lawfully examined by the evidence of this case (see Supreme Court Decision 2001Do2113, Mar. 23, 2001).