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(영문) 대전지방법원 2018.08.24 2018고정611

위증

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 29, 2016, the Defendant is a Class B member of the public strike, who takes charge of the duties of verifying the participants and receiving power of attorney at the special meeting of the public strike B held at D stores located in the Special Self-Governing City of Sejong on May 29, 2016.

On February 8, 2017, the Defendant appeared and taken an oath as a witness of the Daejeon District Court Decision No. 303, the Daejeon District Court Decision No. 3016, 101345, which is located in Seo-gu, Seo-gu, Daejeon, Daejeon, as a witness of the litigation seeking confirmation of invalidation of the resolution for the extraordinary general meeting, and subsequently, from the presiding judge and the Plaintiff’s agent, the Defendant asked him/her whether he/she received from E a letter of delegation 28, F, letter of delegation from G, letter of delegation 13, letter of delegation from G, letter 14, etc., “whether he/she has submitted the power of delegation at any time”, and “the person has received only the letter of delegation from J general secretary prior to the commencement of the general meeting, and received from the other E, F, etc., a power of attorney during the meeting.

“The testimony was made to the effect that it was “.”

However, the Defendant did not have received the power of attorney directly from E, F, and G for the middle of a general meeting.

Accordingly, the defendant made a false statement contrary to his memory, thereby perjury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. The application of Acts and subordinate statutes to recording notes (A's testimony);

1. Article 152 of the Criminal Act applicable to the relevant criminal facts and Article 152 (1) of the Criminal Act that selects a punishment;

1. Articles 153 and 55 (1) 6 of the Criminal Act to be mitigated by law;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;