위증등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the factual error) revealed that C testified against C's consistent statement that he testified against C's request for the defendant's false testimony and that C perjury was presented at the request of the defendant. In light of the I's statement, the defendant's crime of perjury was recognized, and there were circumstances found by C that it was difficult for C to properly understand the unpaid monthly rent and the deduction of deposit under the lease contract of this case as acknowledged by the court below. Unlike memory, it is deemed that C's testimony of the deduction of deposit, etc., unlike memory, constitutes the crime of perjury.
Nevertheless, the judgment of the court below that acquitted the perjury teacher and the charge of perjury is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
2. The Defendant and C, on May 3, 201, appeared as a witness of the case of the claim for repayment of loans (Plaintiff D and Defendant E) from the Incheon District Court No. 409, the Nam-dong Incheon District Court of Law No. 409, the Nam-dong Incheon District Court of Law No. 2010Gahap2299, and testified after oath.
The above civil procedure had been carried out by D from May 2008 to September 2009, by lending KRW 100 million to F (the representative: the Defendant) of the Company F, and F, from May 24, 2004 to October 2010, was operating the “H gas station” in Nam-gu Incheon Metropolitan City, which was operated by F, but E was filed against E, a transferee of the said H gas station since it was operated by F from October 12, 2010.
In fact, in the operation of the above H station, F entered into a lease agreement with C, which is the owner of the site and building of the gas station, and operated in the normal monthly payment to C.
Nevertheless, the defendant, a creditor of FF, filed the above civil lawsuit, and the lease contract between the defendant and C was lawfully terminated and terminated due to the unpaid rent, etc.