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(영문) 서울중앙지방법원 2014.04.17 2014고정1029

위증

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From September 2008, the Defendant was working as the Director of C On-Site Co., Ltd. who constructed multi-household housing of the first and fourth stories above ground in Gangnam-gu Seoul.

On April 25, 2012, the Defendant appeared and taken an oath as a witness in the lawsuit claiming construction cost (case number: 2011Gahap 1262588, the Seoul Central District Court 2011) filed against the owner F of the said construction as the Plaintiff, which was practically carried out the said construction at the Seoul Central District Court located in Seocho-gu Seoul, Seocho-gu, Seoul, Seoul, and asked the Plaintiff’s attorney that “A witness tried to carry out construction works around September 30, 2008 in relation to the delay in removal and commencement of construction due to the delay in the directors of the Plaintiff, but the Defendant tried to carry out the said construction works on or around October 23, 2008, but the removal and commencement was delayed for about 25 days.”

However, on October 10, 2008, the above F was a director at another house in relation to the above construction work, and even if the Defendant was aware that the F was a director on October 13, 2010 and around the 19th day of the same month as the above, the F made a false statement against memory as above.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A complaint;

1. Protocol of examination of witness, and oath;

1. Application of Acts and subordinate statutes on a note or passbook;

1. Relevant provisions of the Criminal Act and Article 152 (1) of the Criminal Act concerning the selection of punishment;

1. Statutory mitigation under Articles 153 and 55 (1) 6 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;