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(영문) 부산지방법원 동부지원 2015.12.09 2013고단2999
위증
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 14, 2013, the Defendant appeared and testified as a witness of the fraud case against Defendant C at the court of Busan District Court No. 303, the Busan District Court 2012dan448, which was located in Busan District Court, Busan District Court, Busan District Court 303.

After the Defendant took an oath as witness, the Defendant testified to the effect that “In relation to the above land-backed loan for the construction of a new E main complex apartment on the land outside Seosan-gu D and three parcels, the Defendant testified to the effect that “if the loan was to be paid after the completion of the loan examination from F from the Yongsan Agricultural Branch of the Namsan National Agricultural Cooperative, the loan was approved and the loan will be paid after two to three days.”

However, in fact, the above F did not say that the loan was approved and the loan was expected to be paid immediately after the completion of the loan examination by the Defendant. At the time, the above loan was merely an early stage of examining the business plan, etc. submitted by the applicant for the loan without preparing a separate application for the loan. Ultimately, the above loan was born for reasons such as the decision of non-approval of the loan of the head office of the NAF, which was trying to organize the above lending point and a consortium.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a copy of the examination record of witness;

1. Relevant Article 152(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. Mitigation of self-denunciations under Articles 153 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act requires strict punishment against the defendant, taking into account the fact that the defendant made a false statement as a witness who has taken an oath under the law and the nature of the crime is not good.

However, the defendant's mistake is divided.

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