위증
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal became a key issue that the defendant received money from D in related civil cases (Seoul High Court 2009Na107046) at around six months prior to the testimony of this case and around the end of 2003. At the time of the testimony of this case, the prosecutor's primary purpose of the testimony of this case is not the balance of the money lent to D, but whether he additionally gave KRW 1 billion and KRW 200 million to D around the end of September 2003, and it is difficult to see that the defendant did not understand the purpose of questioning and gave answers, the defendant made a false statement to the effect that he lent KRW 500 million to D, not KRW 1.2 billion, since September 2003, against memory.
2. The facts charged and the judgment of the court below
A. The summary of the facts charged is as follows: (a) the Defendant, on September 17, 2003, remitted the total of KRW 1 billion (the nine hundred won seems to be a clerical error in the amount of KRW 1 billion), KRW 60 billion on November 3, 2003, and KRW 1.2 billion on December 15, 2003 (the amount of KRW 40 million is deemed to be a clerical error in the amount of KRW 140 million) to the D’s deposit account, and KRW 1.2 billion on December 15, 2003.
D As between August 1, 2003 and May 11, 2004, E submitted a false petition, etc. that E provided a bribe of KRW 200 million to F National Assembly members in Seongbuk-nam area F in relation to the approval of a new apartment construction project to the competent office such as the Suwon District Prosecutors' Office, etc. on June 11, 2010, which was prosecuted as a non-suspectless crime to the Suwon District Court on June 201, 201, and was under the judgment of Suwon District Court 2010Ka2092.
On January 21, 2011, the Defendant appeared and testified as a witness in the court of Suwon District Court No. 208, which is located in the source of Young-gu, Suwon-si, Suwon-si.
The defendant answers to the prosecutor's "I will not have any question about whether the witness has paid KRW 1.2 billion to Defendant D after September 2003," and the prosecutor answers to the question "I have lent the loan at any time," "I have lent the loan to 500 million" and "I have received ice much."