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(영문) 청주지방법원 2016.05.13 2015노900

위증

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: Defendant A’s confession, H, L, R, and P’s statement can prove the facts charged of this case; however, the court below found the Defendants not guilty of all the facts charged of this case on the ground that there is no proof of crime, and erred by misapprehending the facts and affecting the conclusion of the judgment.

Defendant

A, from the investigative agency to the court, was a teacher of Defendant B on August 29, 2013.

confession is made.

On the other hand, Defendant B denied each of the instant crimes to the effect that he was unaware of the fact that he did not report the installation of waste disposal facilities. However, Defendant B had been engaged in the same type of business for a long time prior to the acquisition of “I” as stated in the facts charged, and in particular, Defendant B served as an auditor in W Co., Ltd. (hereinafter “W”) and V Co. (hereinafter “V”).

In light of the above Defendant B’s career, Defendant B’s statement that he had not known the establishment of waste disposal facilities was rather reliable.

Defendant

B In light of the sales circumstances in which H actively demanded H to sell the instant place of business and H to sell the instant place of business, as alleged by the Defendant B, H was in the absence of a report on the installation of a waste facility and sold the instant place of business to Defendant B, as alleged by the Defendant B.

It is difficult to see it.

Therefore, H's statement that he notified Defendant B of the non-reported fact is reliable.

L was forced to get down the down payment of KRW 50 million from Defendant B, but this is due to the personal circumstances unrelated to the issues of this case, and there is no reason for L to make a particularly unfavorable statement to Defendant B. Therefore, L’s statement can be trusted.

R seems to have made a statement after the lapse of a lot of days.

Defendant

The dialogue between A, P, and Defendant B.