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(영문) 광주지방법원 목포지원 2014.06.19 2014고단28

위증

Text

The defendant shall be innocent.

Reasons

1. On April 10, 2012, the Defendant appeared and taken an oath as a witness of the lawsuit seeking confirmation of the right to claim payment of deposit money (Plaintiff, limited liability company C, Defendant D, and 5) at the Yandong District Court in the Yandong-si, Gwangju District Court’s Mapo-si on April 10, 201, the Defendant made a false statement contrary to his memory by having taken full charge of the business and funding-related affairs after being appointed as the vice president of E Company E on November 2010 and taking overall charge of the business and funding-related affairs, and did not directly prepare or consented to the notification of the assignment of claim and the assignment of claim on February 9, 2011 between C and E, a subordinate company, and E., the Defendant issued a false statement contrary to his memory, despite the absence of the fact that the witness directly prepared or consented thereto.

2. When a witness’s testimony in a judgment of perjury is based on a false statement contrary to his memory, the whole of the testimony during the relevant examination procedure shall not be attributable to the simple composition of the testimony, but shall be grasped as a whole, and as a result, it is revealed that the witness has testified in violation of his memory due to an error or a mistake, or that the witness who has taken an oath has made a false statement contrary to his memory but withdrawn or corrected the statement before the examination is completed;

(1) According to the examination protocol for the examination of the right to claim the withdrawal of deposit money (hereinafter “instant civil lawsuit”) on April 10, 201, the Defendant appeared as a witness of the case in which the right to claim the withdrawal of deposit money (hereinafter “E”) was transferred to E Co., Ltd. (hereinafter “C”) on February 9, 201, according to the Supreme Court Decisions 89Do1748 Decided May 10, 1991, and Supreme Court Decision 93Do2510 Decided December 7, 193, 2012, the Defendant testified on April 10, 201 as a witness of the Gwangju District Court Decision 201Do721 Decided April 10, 2012.