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(영문) 창원지방법원 진주지원 2018.06.01 2017고단1053

위증

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant appeared and testified as a witness of the Defendant’s case, such as the registration of the establishment of a collateral security right or the transfer of a debt to Defendant C, and the violation of the Act on the Protection of Financial Users, etc., at the Changwon District Court (Seoul District Court Decision 201, Sept. 20, 2017, the Defendant: (a) lent KRW 100 million around October 24, 201; (b) deducted KRW 7.4 million from the preferred interest; and (c) deducted KRW 20 million from the preferred interest and KRW 24.2 million around February 17, 2012, despite the Defendant deducted from the preferred interest and KRW 24.2 million.

It lends money without interest or due due date.

“A false statement was made and presented perjury.”

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the statement made by the prosecution against the defendant;

1. A copy of the written opinion of a defense counsel in the case of Warrant 2016, Warrant 1170, Changwon District Court;

1. Copy of examination protocol of witness;

1. Details of transaction in the Agricultural Cooperative Account;

1. Application of Acts and subordinate statutes on a copy of the NongHyup passbook;

1. Relevant Article 152 of the Criminal Act concerning the facts constituting an offense and Article 152 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing Article 153 of the Criminal Act to mitigate confessions;

1. The measure of recommending the application of the sentencing criteria: A confession made between January and October (the area of mitigation):

2. In addition to the sentence of a fine imposed for an illegal accusation in 2012, the Defendant has been subject to eight times punishment by fraud, etc.

The defendant, who is judged in a criminal case, reversed the statement made by the investigative agency in order to be exempted from criminal punishment by C, and gives false testimony in a criminal case of C, is bad.

In addition, the punishment as ordered shall be determined in consideration of all the sentencing conditions specified in the pleadings of the instant case, such as the age, sex, environment, background, means and result of the instant case, and the circumstances after the crime.