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(영문) 서울중앙지방법원 2019.07.17 2018고단1763
모해위증교사등
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of two million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

[criminal power] Defendant A was sentenced to four years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Jung-gu District Court on August 18, 2016, and the said judgment became final and conclusive on January 21, 2017, and on September 20, 2017, Defendant A was sentenced to one year and eight months of imprisonment with prison labor at the Seoul Central District Court on September 20, 2017 and became final and conclusive on September 15, 2018.

【Criminal Facts】

1. Defendant A

A. From the end of March 2015, the Defendant, at the home of the Defendant of the C apartment No. 3 in Yangju City, determined that “F, who was present as a witness in a civil trial filed by E against the Defendant, reports a large amount of damages due to E,” and that “F,” the Defendant, at the end of both weeks, passed a resolution to perjury to the effect that “A contract made between E and E on June 25, 2014, shall not be deemed as this, and shall not have been written.”

Accordingly, at around 16:00 on April 3, 2015, F appeared as a witness of the Seoul Western District Court case No. 2014Kadan35078, which was brought by E against the Defendant at the Seoul Western District Court No. 404, the Seoul Western District Court (Seoul Western District Court No. 404), and the fact was made by false testimony to the effect that “I do not participate in the preparation of a profit distribution contract between E and A on June 25, 2014, while they are well aware of the content of the contract by participating in the preparation of an profit distribution contract between E and E on June 25, 2014.”

Accordingly, the Defendant instigated F with perjury.

B. On March 4, 2015, the Defendant’s reputation by pointing out the false statement to the purport that “E is an official who lives with the Defendant,” and that “E is an official who lives with the Defendant on August 9, 2014,” with the aim of having E be subject to criminal punishment, regardless of the fact that E and B made a statement to the purport that he/she is an official who lives with the Defendant.”

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