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(영문) 서울서부지방법원 2015.08.21 2015노387

위증

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal by the defendant;

A. Of the facts charged in the instant case of mistake of facts or misapprehension of legal principles, the testimony that “M borrowed KRW 500 million from N, and because N is not aware of M, it would be lent through the Defendant. Therefore, at the J head of N's wife, the Defendant included KRW 500 million in the K head of K head of K, the husband of the Defendant, and the Defendant would return to M by finding KRW 500 million from the K head of K head of K head of Tong to go beyond L head of the Tong (hereinafter “first testimony”), and the facts charged in the instant case

2. The receipt of KRW 162.5 million from April 20, 2004, and KRW 195.5 million from April 28, 2004, under Paragraph b, refers to the testimony of "the defendant is the receipt received from I on behalf of M" (hereinafter referred to as "the testimony of the defendant is the receipt that the defendant invests each of the above money to I and received from I on behalf of M).

A) Not only accords with objective truth, but also there was no perception that each testimony was false since the defendant thought that it was true and testified. Furthermore, the evidence submitted by the prosecutor alone does not prove that each of the above testimony was contrary to objective truth or that the defendant was false and that each of the above testimony was made. Nevertheless, the court below found that the above testimony was false and that the defendant was false, thereby convicted all of the facts charged. The court below erred in misunderstanding of facts or misunderstanding of legal principles. (b) The court below erred in the misapprehension of facts or misunderstanding of legal principles.

2. Judgment on misconception of facts or misapprehension of legal principles

A. On July 2, 2011, the summary of this part of the facts charged by the Defendant’s first testimony is the above witness, the Defendant appeared at the Cheongju District Court in order to take an oath as a witness of the Hless Incident No. 2010 Mandan1930 on July 2, 201, and testified. The facts are as follows: when the Defendant sent the amount of KRW 500 million to I on April 22, 2004, I’s sentence L by using the Defendant’s husband’s K account.