무고
The prosecutor's appeal is dismissed.
1. Although the defendant's act of having appeared as a witness in the relevant civil procedure of D and E after being sworn as a witness, the defendant's act of raising testimony of D and E as perjury constitutes an act of false accusation, the court below which acquitted the defendant of facts.
2. Determination:
A. The summary of the instant facts charged was prepared by the Defendant at the law firm B office located in Seocho-gu Seoul, Seoul, for the purpose of having D and E criminal punishment imposed on him/her at around December 2, 201, and submitted a written complaint to the Goyang Police Station located in Seocho-gu on January 12, 201, and on January 18, 2012, at the investigation of the said Goyang Police Station and the office of one economic team, the Defendant made a supplementary statement on the contents of the instant complaint.
On August 20, 2010, ‘D' and ‘E' attended and testified as a witness in the case of the claim for ownership transfer registration (Plaintiff: F and Defendant: Defendant A) in the Suwon District Court in Ansan-si, the Ansan-si District Court of Busan-do, 2010Kadan2781.
D confirmed that “The witness sent 30 million won intermediate payment to the Defendant out of the instant real estate purchase price,” “E was given the Defendant, not from G (F’s transfer money), and E was given a registration certificate, etc. in that place, and E confirmed and delivered it to G.”
E는 “증인은 D이 피고에게 이 사건 부동산 매매대금 중 중도금 3천만원을 전달하는 것을 보았는가요 ”라는 질문에 “중도금도 제가 직접 줬습니다.”라고 답변하고, “증인은 피고가 위 중도금 3천만원을 어떻게 사용하였는지 아는가요 ”라는 질문에 “여주군과 충주에 있는 땅을 샀습니다.”라고 답변하였다.
However, D and E received the intermediate payment of H building 1 from F when Defendant A made a sale contract with F, and delivered it to Defendant A.