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(영문) 수원지방법원 2020.11.12 2020노4183

위증

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. The Defendant, who completed the registration of ownership transfer under the name of the Defendant, did not have any agreement with the Defendant on the establishment of a collateral security with regard to the land of 1,233 square meters (670.8 square meters in Pyeongtaek-gun, Pyeongtaek-gun, Gyeonggi-do, which completed the registration of ownership transfer (hereinafter “instant land”) in the name of the Defendant, or was not involved in the application for the establishment of a collateral security right under the name B, and as such, there was no motive to make a false statement to the

Nevertheless, the lower court deemed that the Defendant made a false statement contrary to memory, and found the Defendant guilty of the facts charged of this case. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The judgment of the court below also asserted the same purport as the argument in the above grounds for appeal, and as to this, the court below rejected the defendant's argument and found the defendant guilty of the facts charged in this case for the following reasons.

1) The registration of ownership transfer was completed on June 30, 1984 on the ground of sale and purchase on June 29, 1984. Since then, the registration of ownership transfer was completed on June 30, 1984 with respect to the shares of 330/123 out of the land of this case on May 16, 1996 on the ground of the termination of title trust. F on May 20, 1996, the registration of ownership transfer was completed on June 20, 1996.

B) On May 20, 1996, on the day when the above ownership transfer registration was completed in F, the day when the above part of the land was completed, and on May 20, 1996, the registration of creation of a neighboring mortgage (No. 2905, which was received by the Suwon District Court No. 2905, Jun. 2, 199, and hereinafter “registration of establishment of a neighboring mortgage”) with respect to the Defendant’s share out of the land of this case, based on a mortgage contract on May 1

(C) B) May 16, 2017, 330/123 shares of the instant land against the Defendant.