위증등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In fact-finding, the Defendant did not appear as a witness of the Suwon District Court 201Kahap26172 (hereinafter “instant civil litigation”) between D and Co-Defendant B (hereinafter “B”), and made a false statement contrary to memory. ② Although he conspired with B, he did not want to deceive the court in order to discharge his obligation under the payment order against D, the lower court found the Defendant guilty of all the facts charged in this case. Thus, the lower court erred by misapprehending the facts.
B. Of the facts charged in the instant case, there is no error in the misapprehension of the legal principle that ① the statement of payment that the Defendant written to D in the name of B (hereinafter “instant payment statement”) was made by coercion of H, and ② even if it is not a domestic affairs, the additional note that “LH compensation has been made” as stated in the above payment statement is not the LH corporation, but the actual subject of compensation, and thus, the said condition falls under an impossible condition.
Therefore, insofar as the validity of the instant payment withdrawal is null and void, the crime of attempted fraud, which is premised on D’s legitimate exercise of claim, is not established.
Nevertheless, since the court below found the defendant guilty of this part of the facts charged, the court below erred by misapprehending the legal principles on litigation fraud.
C. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.
2. Determination
A. (1) First of all, the determination of the assertion of mistake of facts as to the assertion of mistake of facts as to the perjury among the facts charged in the instant case is whether the Defendant was delegated B at the time of preparing a notarial deed on November 30, 2010 as to the instant letter of payment in the name of B.
I would like to say.
However, based on the evidence duly admitted and investigated by the court below and the court below, the following circumstances are revealed.