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(영문) 광주지방법원 2017.08.17 2016노4497
위증
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (misunderstanding the facts about guilty) was not the representative at the time when the representative meeting of occupants was granted a loan from the Jung Telecommunication, and thus, the Defendant was unaware of the circumstances. After that, the Defendant found the details of the second fund disbursement made by the resident representative meeting at the time of the above loan while taking charge of civil litigation brought against the Jung Telecommunication. Accordingly, it was thought that the Jung Telecommunication unilaterally changed the loan payment plan from the second to five times without the resident representative meeting.

Therefore, since the defendant testified the facts known to him as it is, there is no fact that he has made a statement contrary to memory.

B. In light of the contents of the documents prepared under the direction of the prosecutor (misunderstanding of the facts regarding the acquittal portion) and the preparation of the documents prepared under the defendant's initiative, the defendant was aware that the registration of the subrogation of the new public disposition had been completed prior to the application for the loan of this case.

As such, the defendant was unaware of it.

The testimony is a false statement against memory.

2. Judgment on the Defendant’s assertion of mistake of facts

A. In light of the following circumstances, the lower court determined that the Defendant testified that the 5th statement of expenditure was made on the side of the tenant representative meeting including the Defendant, and that the 5th statement of expenditure was made on the part of the tenant representative meeting, and that the 5th fund disbursement statement was unilaterally prepared and sent without consultation with the tenant representative meeting.

The decision was determined.

A. Even though the Defendant had been repeatedly asked about the process of preparing and consulting on the fifth statement of expenditure of funds as stated in the facts constituting the crime in the above examination process, the fifth statement of expenditure of funds continued to undergo consultation with the occupant representative meeting in the Jung-gu vagabonds.

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