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(영문) 부산지방법원 2014.04.11 2014고단291
위증
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

At around 15:00 on November 22, 2012, the Defendant appeared as a witness of the above court No. 2012Kadan15066, the Busan District Court No. 208, which was located in the Busan Seo-dong, Busan District Court No. 208, the Defendant took an oath.

The Defendant stated from the Plaintiff’s agent that “F would have urged the witness to pay the said money.” He stated that “F would not have any question,” and that “F would have known that there was any money that the witness would have to pay to the Plaintiff.” The Defendant stated from the Plaintiff’s agent that “F would have known that there was any money that the witness would have to pay to the Plaintiff,” and that “F would be unaware of such fact.” The Defendant’s agent asked that “I would like to know that some of the sales proceeds would have been deposited into the deposit account in the name of the Defendant, a warehouse president.”

However, in fact, F was aware that the Defendant asked the Defendant to pay D money by stating that “I would help the Defendant pay D money only if I would pay D money,” and F was aware that there was money that the Defendant would have to pay D money, and the Defendant was aware that some of the sales proceeds was deposited into E’s deposit account under the name of the warehouse president, and that E wired money deposited as above.

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 the protocol of examination of a witness, written agreement, statement of examination of a witness, and details of transactions of a bank account (E);

1. Article 152 (1) of the Criminal Act applicable to the crimes;

1. Statutory mitigation under Articles 153 and 55 (1) 6 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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