위증
The defendant shall publicly announce the summary of the judgment against the defendant not guilty.
1. At around 14:00 on January 2, 2013, the Defendant testified as follows: (a) the Seoul Northern District Court 401 of Dobong-gu Seoul Northern District Court 626-20 on Dobong-gu, Dobong-gu, Seoul (Seoul Northern District Court 2012Kadan2130) on the Defendant’s case, and was notified of the right to refuse to testify and taken an oath; and (b) the counsel testified as follows: “E is not related to whether the purchase price was prepared by E, or whether the witness was prepared.” (c) The Defendant testified as follows: “In the process of acquiring the real estate in this case, the witness gave testimony contrary to memory, such as testimony that the witness acquired the witness.”
However, the real estate of this case was owned by E and was decided to commence the voluntary auction on September 12, 2007 at the request of the mortgagee F, and around that time, E entered into a title trust agreement with its children-friendly job offers and concluded a title trust agreement with the Defendant on March 18, 2008 by acquiring ownership through a voluntary auction on March 18, 2008, and the Defendant merely lent the real right to each of the real estate of this case to E under the title trust agreement, and the Defendant merely lent the purchase price to E, and the actual owner of each of the real estate of this case was not the Defendant.
Accordingly, the defendant made a false statement against his memory.
2. Determination
A. In light of the purport, spirit, and function of perjury and the Criminal Procedure Act, “a witness who has taken an oath by law” under Article 152(1) of the Criminal Act means “a witness who has taken an effective oath according to the procedure stipulated by law based on the law” and the witness examination is lawful in compliance with the procedural provisions stipulated by law.