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(영문) 서울중앙지방법원 2017.05.25 2017고단934
위증
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] On July 25, 2014, the Defendant was sentenced to 12 years of imprisonment with prison labor and 1.5 billion won for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul High Court on December 24, 2014, and on December 24, 2014, the said judgment became final and conclusive on January 17, 2017, as a person who was in execution of the said punishment in the third North Korean Dos; and on January 25, 2017, the Daejeon District Court was sentenced to 6 months of imprisonment with prison labor for a crime of fraud in its red support for the Daejeon District Court.

[2] On November 22, 2016, the Defendant testified to the effect that “C was unaware of the loan fraud crime, and paid five million won in return for introducing the representative D of the corporation to C,” despite the fact that C was aware that it was issued 4.75 billion won as a loan from the national bank by forging a blank cover note, and that C was given 4.75 billion won as a loan from the national bank.” The Defendant provided the testimony that “C was unaware of the loan fraud crime, and paid five million won in return for introducing the representative D to C to the lender.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of public trial against C;

1. Protocol of public trial (No. 106) 2014 Gohap 106;

1. Each protocol of examination of the witness to the defendant or D;

1. A protocol concerning interrogation of suspects for prosecution related to the Seoul Central District Court 2016 High Court 1319;

1. A protocol concerning partial examination of suspect with regard to C;

1. Defense counsel’s written opinion (C);

1. Sentence 2014 Gohap 106, Seoul High Court Decision 2014No 475, 1292

1. Inquiry about criminal history and the application of the text of the judgment of Daejeon District Court 2015 Highest 982

1. Article 152 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 153 and 55(1)3 (Confession) of the Criminal Act that statutory mitigation is to be a crime of fraud in the Daejeon District Court’s red support on January 17, 2017, the Defendant committed the instant crime.

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