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(영문) 서울북부지방법원 2016.11.21 2016노1171
위증등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) The Defendant received D’s “Written Answer on the Icheon C-D Rural Village Land Contract and Hancheon Consulting on September 10, 2013 before giving testimony on March 6, 2014,” and thereafter, D’s “Written Agreement on Subrogation and Investment” and “Written Confirmation of Payment for Subrogation and Investment,” and there is no intention to make a false statement. 2) The Defendant was aware that the amount of KRW 1.6 billion deposited in the Defendant’s account was KRW 1.6 billion, and KRW 90 million, as L was known to be an investment amount, at least KRW 70 million should be regarded as the Defendant’s ownership, and the amount is limited to a loan for consumption and a motor vehicle sale as necessary for accounting.

Nevertheless, I andO arbitrarily used the above money without the defendant's consent, requested the defendant to pay the money consumption loan and the automobile sale price for accounting purposes, and filed a complaint because all the shares of the defendant were transferred although the defendant did not consent to the transfer of M's shares.

Therefore, the defendant believed that the contents of the complaint are true, and there are reasonable grounds to believe that it is true.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. 1) As to the assertion of mistake of facts, the Defendant asserted the same purport as the grounds for appeal in this part of the judgment below. Accordingly, the court below rejected the above assertion in detail with the Defendant’s and the defense counsel’s assertion and decision in the “judgment on the Defendant and the defense counsel’s assertion” part of the judgment (Articles 7, 14, and 13, and 2). 2) The following circumstances, which are recognized by the evidence duly adopted and investigated by the court below and the court below, are, namely, ① the Defendant’s assertion on the Defendant and the defense counsel’s assertion.

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