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(영문) 대구지방법원 2016.06.17 2015노2016

위증

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s mistake of fact 1) Defendant A testified to the effect that the obligee’s status as to the comprehensive construction association was taken over at H (former I) in the case of Defendant A’s crime sight table Nos. 1 and 2, and there was no false testimony contrary to memory.

B) The three parts of the crime sight table No. 3 received KRW 220,000 from H, and the said money was used as part of the money loaned by the union as H’s share capital and returned.

However, there is no fact that 20,000 won has been deposited at the cost of business promotion of H association by erroneously understanding the purpose of the newspaper.

Inasmuch as a person responded to “for example” in question, he/she does not have made a false testimony contrary to memory.

C) The testimony was made to the effect that even without going through the general meeting of the members on the list of crimes Nos. 4 and 5, it did not constitute a “for example” to the effect that there was no debate at the time of testimony, and that there was no intention of perjury.

D) It is not sure that there was any fact that he prepared a letter of intent to be responsible for, and repay, the gold of the bill discounted by G in 7 parts a year of crime sight.

As the testimony was made, it is not a false testimony contrary to memory.

E) In the purport that a union’s KRW 220,000 received from H on a yearly basis of crime sight table 8,000,000,000 received from H, is not paid in money laundering.

Inasmuch as the testimony was made, it is not false testimony contrary to memory.

However, the lower court erred by misapprehending the fact that the lower court found the Defendant guilty of the instant facts charged, thereby adversely affecting the conclusion of the judgment.

It is not judged separately because the court below did not state specific reasons for appeal, although the part 6 of the crime sight table No. 6 is stated in the reasoning of appeal, but did not state specific reasons for appeal, and this part of the charge is recognized.

(2) Defendant B (Defendant B)