beta
(영문) 대구지방법원 포항지원 2018.04.04 2017고정517

위증

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On May 11, 2017, the Defendant appeared and arranged as a witness of the loan case No. 2016Na 9955, the Daegu District Court No. 41, Daegu, Daegu, Daegu, Daegu, Daegu, 36, the Defendant: (a) on May 11, 2017; and (b) on May 11, 2017, the Defendant did not have any knowledge that Defendant (C) paid all the money borrowed from D. However, the Defendant (C) paid all the money borrowed from Defendant (C) around December 2015.

I tried to answer the question "I am to do so....."

“The answer was made.”

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

Summary of Evidence

1. Legal statement of the witness D;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. A complaint filed for DNA preparation;

1. Determination as to the assertion by the accused and the defense counsel of the judgment attached to the investigation report (the attachment of the civil judgment) and the judgment attached thereto

1. The defendant and his defense counsel asserted that the defendant only testified from C as it is, and that there is no perjury.

2. The facts charged of the instant case revealing that the Defendant had made a false statement that there was a fact despite the fact that the Defendant had not known that he had repaid the Defendant’s entire obligation to C with C, and thus, at the time, C had fully repaid the obligation to D.

I examine whether there was a reason to believe that there was a reason to believe.

The facts revealed by the evidence duly adopted and examined by this court, namely, ① C’s assertion reaches KRW 20 million as the principal was paid at KRW 2,00,000,000 out of the principal immediately after borrowing KRW 22,000,000. However, even according to C’s assertion, the amount of the principal up to the date of distribution due to the instant voluntary auction reaches KRW 28,039,344 (i.e., KRW 20,000,000 from April 1, 2014 to December 3, 2015 (i.e., KRW 20,000,000 to KRW 2,00 per annum). < Amended by Act No. 12493, Apr. 3, 2015; Act No. 13944, Dec. 2, 2015>