위증등
The judgment below
The part of perjury shall be reversed.
A defendant shall be punished by imprisonment for six months.
except that from the date of this judgment.
1. Comprehensively taking account of the summary of the grounds for appeal E, C, and D and all the evidence submitted by the prosecutor, the defendant can acknowledge the facts of perjury by making a false statement contrary to his/her memory. The defendant's accusation on the premise of such false statement is sufficient to constitute a crime of false accusation. On the other hand, the defendant's vindication for it is inconsistent with the statements and is contrary to other objective evidence.
Nevertheless, the court below accepted the Defendant’s assertion that the Defendant was not reliable, and rendered not guilty. The court below erred by misapprehending the legal principles, thereby affecting the conclusion of the judgment.
2. The judgment of this Court
A. As to the perjury, the defendant's testimony at issue as to whether the perjury is perjury can be divided into five major categories depending on the issues as follows. Thus, (1) X's loan obligation 200 million won on August 16, 2007; (2) the defendant's testimony related to the other party's lending of KRW 130 million on October 9, 2007; (3) the related testimony related to the loan of KRW 130 million on the loan of this case; (4) the testimony related to the re-transfer of KRW 30 million on the re-transfer account of KRW 30 million; and (5) the testimony related to the loan of this case in the order of the testimony related to the re-transfer of KRW 130 million on the re-transfer account of the re-transfer account of KRW 30 million on loan brokerage commission.
(1) On August 16, 2007, the lower court: (a) borrowed KRW 200 million from X (hereinafter “instant loan”); (b) borrowed KRW 200 million from X on August 16, 2007 (hereinafter “instant loan”); and (c) at the time E guaranteed the said KRW 200 million debt.
② The content of the deposit sheet of KRW 200 million prepared by the Defendant (a right 403 pages of investigation records, hereinafter “the deposit slip of KRW 200 million”) is the same as the actual loan of KRW 200 million.
(3) The certificate of loan dated August 16, 2007 (hereinafter “the certificate of loan in this case”) with the creditor and the date of maturity not indicated is interest.