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(영문) 수원지방법원 2015.11.12 2015고정2396

위증

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On March 20, 2014, the Defendant appeared as a witness in the case of transfer registration of ownership (No. 2013Gahap10443) at the Sungwon District Court 451, Sungnam-si, Sungnam-si, Sungnam-si, and took an oath.

The Defendant testified to the presiding judge of the above court in the trial of the instant case to the effect that “The actual purchaser of Gwangju City C and D is E. At the time of the contract, E loaned money from F and paid the down payment. There was no brokerage commission from the seller G of the said land.” However, the actual purchaser of the said land is F, and F did not lend money to E, and the Defendant received KRW 40 million from G as a brokerage commission.

Accordingly, the defendant made a false statement contrary to his memory and raised perjury.

2. On March 21, 2014, the Defendant appeared to take an oath as a witness of the Defendant’s embezzlement case against Defendant E at the Suwon District Court Sungnam Branch, 451, as the Sungnam-si, Sungnam-si, Sungnam-si.

Although the Defendant testified to the presiding judge of the above court in the trial of the above case to the effect that “The actual purchaser of Gwangju City C and D is E. at the time of the contract, E borrowed money from F, and paid the down payment,” the actual purchaser of the above land is F and F did not lend money to E.

Accordingly, the defendant made a false statement contrary to his memory and raised perjury.

Summary of Evidence

1. Defendant's legal statement;

1. - Protocol of Examination of Witness (A), - Application of Acts and subordinate statutes to Protocol of Examination of Witness 2012, 10443, Sungnam branch of the Suwon District Court

1. Relevant provisions of the Criminal Act and Article 152 (1) of the Criminal Act regarding facts constituting an offense, the choice of a fine (the punishment shall be determined in consideration of the age and financial standing of the accused, as he/she has so led to his/her confession that his/her mistake has been pened in depth due to his/her

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;