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(영문) 대구지방법원 2016.11.03 2016고단3753

위증교사

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around October 2015, the Defendant stated that D’s house located in Daegu Northern-gu C Apartment 102 Dong 306, 2015, and that D had D make a false testimony, despite the Defendant paid E and D any balance after deducting KRW 300,000,000 in total, and deducting KRW 1,500,000,000,000,000, in terms of introduction expenses for “F land in Daegu-gu”, the Defendant made a false statement to D.

Therefore, D made a false testimony to the effect that “I do not have any 1.50,000 won after taking an oath as a witness at the Daegu District Court on November 27, 2015,” “I do not have any 1.50,000 won deducted from the balance as a referral fee

Accordingly, the defendant instigated the above D to make a false statement contrary to his memory.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of the third trial records of the Daegu District Court case No. 2015 High Court case No. 201834, the third trial records of the witness examination of D, the written oath against D, and the explanation of the right to refuse to testify (Evidence No. 39,42);

1. Examination of suspect suspect regarding D by the prosecution;

1. The police statement concerning G;

1. Recording recording and reporting on recording, investigation report (verification of whether a brokerage commission is paid), investigation report (Attachment to a real estate sales contract, etc.);

1. To apply four copies of a recording file, a recording book (as of December 9, 2014), and the statutes governing a real estate sales contract;

1. Relevant Article 152(1) and Article 31(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] Article 62(1) of the Act on the Suspension of Execution is that there is no basic area (6 to 16 months) [special person] [decision of sentence] / Decision of sentence] D’s statement of perjury is about key issues related to the negligence of occupational embezzlement cases against the defendant and not guilty, and thus, it is disadvantageous to the point that the defendant abused his right of defense and instigated the above perjury in order to be exempted from punishment.

However, the defendant is punished for a fine not exceeding once.