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(영문) 서울북부지방법원 2016.09.29 2015고정2054

위증

Text

The defendant shall be innocent.

Reasons

1. On March 28, 2013, the Defendant appeared and testified as a witness of the instant case (Plaintiff D, Defendant E, and F) demanding 6763 at the Seoul Northern District Court 626, Dobong-gu Seoul Northern District Court 604, Dobong-gu, Seoul Northern District Court 604, the Defendant: (a) on the following grounds: (b) on December 28, 201, the Defendant obtained the power of attorney to prepare a fair deed from the debtor G, joint and several guarantors, and H on December 28, 201, and obtained the right of attorney to make a fair deed of monetary consumption contract with the Defendants, the obligee, and (b) 166 million won; and (c) on the preparation of a fair deed of monetary consumption contract with the Defendants, there was no need for the Plaintiff’s agent to conclude that “The witness prepared the instant fair deed and made it joint and several surety for the Defendants to the part of the amount of debt.”

There is a little answer to the question “I will be the Defendants’ KRW 15 million.”

Also, the sameness of the witness is also known as KRW 15 million and the documents are removed from the witness.

“A false statement contrary to one’s memory” was presented as perjury.

2. Determination

A. In order to recognize a witness’s statement as a perjury, there should be proof that the content of the statement is beyond reasonable doubt as to the fact that it goes against the witness’s memory, and if that is not reached, it should not be punished for perjury.

B. Whether testimony of a witness constitutes a false statement contrary to memory should be determined by comprehensively considering the ordinary meaning and usage of language, the purpose of the examination, the progress of testimony, etc. where the meaning of testimony can be understood either in itself or in a multi-dimensional manner, rather than by the simple Section of the testimony in question.