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The judgment below
Of the above, the perjury part against Defendant A shall be reversed.
Defendant
A shall be punished by a fine of KRW 3,000,000.
3.2
Reasons
1. Summary of grounds for appeal;
A. As long as H Co., Ltd. (hereinafter “H”) was not awarded a successful bid for tinsan, the lower court appears to have recognized that the claim based on the loan certificate of KRW 600 million that H had against H was false, and accordingly, if Defendant A filed a complaint against Defendant A, Defendant A did not have any awareness of falsity, and thus, the crime of false accusation is not established.
For the reason that ‘the guilty of this part of the facts charged' was pronounced not guilty.
(2) However, even if the claim of KRW 600 million E was created on condition that H will be awarded a successful bid of tin acid, since Defendant A intentionally failed to participate in an auction and thereby H was not awarded a successful bid of tin acid, it shall be deemed that the condition has been fulfilled in accordance with Article 150(1) of the Civil Act.
Thus, Defendant A fully recognized that the above KRW 600 million claim was actually generated due to the fulfillment of the condition, and that it is not a false claim.
Therefore, the judgment of the court below that acquitted this part of the facts charged is erroneous by misunderstanding the facts and affecting the judgment.
B. According to the evidence submitted by the prosecutor of the misconception of facts as to the perjury against the Defendants, the defendants can sufficiently recognize the perjury.
Nevertheless, since the court below acquitted the facts charged based on the statements of Q Q and K without credibility, the court below erred by misapprehending the facts and adversely affecting the judgment.
2. The summary of the facts charged of the instant case [209 Man-Ma271] Defendant A prepared an agreement with the company to sell the above tin mountain auction in the name of the company after selling tin mountain in common with E and jointly operating tin mountain development. The E’s son F and Defendant A’s mar G were incorporated under the name of the joint representative, thereby establishing H Co., Ltd. and bid at KRW 1.2 billion in the name of the company.
And E shall own their shares.