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(영문) 서울중앙지방법원 2017.08.23 2017고정1708

위증등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal records] On May 18, 2016, the Defendant was sentenced to four years of imprisonment for fraud, etc. at the Seoul Northern District Court, and the said judgment became final and conclusive on November 10 of the same year.

[ criminal facts] The Defendant is a real operator of C (hereinafter “C”) established under the name of B around October 201, and B is a nominal representative director of C, who is a director of C, who receives KRW 1 million a monthly salary from the Defendant.

1. In the court of Seoul Central District Court No. 508 on March 7, 2014, the Defendant was present at the court of Seoul Central District Court No. 508 on D as a witness of D, 2013, 5037, and C was actually managed and operated by the Defendant to the company that was established by the Defendant on the ground of B as the nominal representative director, and the prosecutor’s witness “C is a company operated by the friendly son, which is the company of C, E, F, and G, and any related person.”

A false statement contrary to memory, such as the reply, was presented, and perjury was presented.

2. On 2014, the Defendant sent a phone call to B who is scheduled to attend as a witness of the instant Defendant case at a temporary and irregular place, and “The Defendant and C are not related to any other person, and provided advice to the project.”

“Request for testimony against memory” and the above B consented to this, which was present as a witness of the above defendant’s case on April 23, 2014, and perjury to the same purport.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by a judicial police officer with regard to D;

1. A suspect examination protocol (No. 21 No. 5 of evidence list) prepared by a judicial police officer with regard to B;

1. Statement protocol prepared by judicial police officers with respect to B (No. 3 No. 5 of the evidence list);

1. Each protocol of examination of witness (No. 6, No. 11);

1. Complaint;

1. Previous convictions in judgment: Inquiry of criminal and investigation career data, reporting of the previous convictions and results of confirmation of such previous convictions, current status of personal confinement, and application of each statute of judgment

1. Article 152 of the Criminal Act applicable to the crime and the choice of punishment.

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