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(영문) 서울중앙지방법원 2017.12.21 2017고단4458

위증

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Basic Facts] On June 26, 2013, B, the husband of the Defendant, borrowed KRW 38,710,000, and paid KRW 1,500,000 as interest, and paid KRW 1,50,000 as part of the principal on the 25th of each month. The remainder of principal shall be repaid until October 25, 2013.

“A certificate of borrowing was prepared and delivered to C, and the above C wired the Defendant with KRW 30 million on the day.

On the other hand, on June 25, 2015, the above C transferred the above loan claims to Dong Jae-in, and on June 30, 2015, the above D filed a lawsuit against the above B on the ground of the claim that it was transferred to the Seoul Southern District Court.

[2] Around October 16:00 on December 10, 2015, the Defendant appeared as a witness of the Seoul Southern District Court case No. 486, Seoul Southern District Court No. 418, which was located in Yangcheon-gu, Yangcheon-gu Seoul, Seoul, and 33568, which was located as a new witness of the case.

In the above court, the Defendant testified as “for example,” to the question of Defendant B C C’s agent’s “ despite Defendant B C’s lending of money from C, at all times, the fact is not true,” and the Defendant’s agent testified as “for example, I would rather require C to receive money from C, and there would be one document to show to raise funds for the change, so I would like to prepare it, so I would like to prepare it, and I would like to do so.” In addition, on June 24, 2013, the Plaintiff’s agent testified as “for example, I would like to have drawn up” the question of “I would like to have drawn up the money from C, and 30 million won.”

The testimony was made that “not only borrowed but also borrowed.”

However, in fact, on June 26, 2013, the above C had a loan claim of KRW 38,710,000 against the above B, and the above loan certificate was issued according to the above loan relationship, and the defendant prepared a document to show the change of funds.