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(영문) 창원지방법원 마산지원 2014.12.03 2014고단632

위증

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Attachment] The Defendant served as the head of the management support office, etc. at the E hospital located in the Hadong-dong-gun D from July 1, 2010 to April 2012, the Defendant was employed in F, a real estate development company, from June 20, 2012.

G From around August 31, 2010, while occupying the above hospital building related to the claim for construction cost and exercising the lien, G filed a lien report upon commencement of the voluntary auction procedure related to the above hospital building on or around November 22, 2010. On or around August 18, 2011, as the aforementioned hospital building was occupied by H, etc., and on or around April 19, 2012, upon receiving a preliminary injunction order against transfer of real estate by the debtor on or around July 23, 2012, G applied for a preliminary injunction against the above hospital and H on or around July 21, 2012 (the above provisional injunction order against transfer of real estate by the Defendant on or around July 30, 2012). On or around July 21, 2012, G was subject to the provisional injunction order against transfer of real estate by the Defendant to H on or around July 21, 2012.

Around July 6, 2012, F Co., Ltd. was awarded a bid for the above hospital building through a voluntary auction procedure, and delegated the management of the above hospital building to the Defendant, etc., and around December 20, 2012, F Co., Ltd. filed a lawsuit by a third party against the above G by asserting that the above G had ownership of the above hospital building and requesting for non-performance of compulsory execution.

【Criminal Facts】

On May 1, 2013, the Defendant appeared to take an oath as a witness by attending the Plaintiff’s lawsuit of the said third party (hereinafter “relevant civil lawsuit”) at the Changwon District Court in Jin-dong, Jin-si, Jin-si, Jin-si, Jin-si, Jin-si, Seoul, and then “I know that D was in the instant hospital building for any reason at the time of the execution of the provisional disposition.”