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(영문) 대전지방법원 천안지원 2017.04.21 2017고단20
위증
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 27, 2015, the Defendant appeared as a witness of the instant case (hereinafter “instant civil lawsuit”), such as the transfer of land to the Plaintiff C and Defendant D’s ASEAN, E, F, G, and H land (hereinafter “instant real estate”) in the court of Daejeon, Seo-gu 78, Seo-gu, Daejeon, Daejeon, 315, 2014Na 1438, 2015Na 821, 2015, and 821.

After that, the Defendant, from the Defendant’s agent of the instant civil action, asked the Defendant to “A witness did not have approximately KRW 2,970,400 on August 2003, 200 to the Defendant,” which read, “A witness was living at the entrance of the house by another person, who would be annoyingly and unfortuous way to create a bypass.”

“The answer was made.”

However, there was a fact that the defendant paid KRW 2,970,400 to D around August 2003 at the expense, such as flat work for transplanting trees.

As above, the Defendant made a false statement contrary to his memory.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by a part of the prosecution with regard to D;

1. A copy of the complaint and each written judgment;

1. The complaint, recording book (the representative of the defendant (the plaintiff) of the civil lawsuit of this case paid the above money to the head of the complaint and all expenses incurred in arranging spawn as well as spawn for spawn.

In full view of the facts indicated in the above, the Defendant’s false statement is recognized against his memory, in violation of the aforementioned provision of the Civil Procedure Act, when comprehensively considering the following: (a) the Defendant had received and kept the above particulars of expenses incurred in the process of construction, such as setting up a support team for the protection of fruit trees that he had already grown before the aforementioned testimony; and (b) the receipt was submitted as evidence for the civil procedure of this case.

Application of Statutes

1. Article 152 of the Criminal Act applicable to the crime, Article 152 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order

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