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(영문) 서울중앙지방법원 2016.10.06 2016노2453
위증
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A and C (an unfair form of punishment of KRW 2 million) of the lower court are too unreasonable.

B. Defendant B (1) Since the above defendant made a false statement against his memory because he knew that his property right is transferred through provisional registration, there is no fact that he made a false statement against his memory.

(2) The lower court’s sentence of unreasonable sentencing (2 million won by fine) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following facts acknowledged by the evidence duly admitted and investigated by the court below by Defendant B’s assertion of misunderstanding of facts, the court below fully recognized the facts charged in this case that the above Defendant gave false testimony against his memory.

The above defendant's assertion of mistake is without merit.

① The above Defendant did not complete any registration with respect to the land of Gangnam-si, and completed a provisional registration of ownership transfer claim as to the land AR on October 29, 2014, with respect to the land AR on October 29, 2014.

② At the time of the trial (Seoul Central District Court 2014Ra1313), the above Defendant respondeded to the question of the defense counsel’s “to purchase the above two land and complete the registration thereof,” and the prosecutor’s “to answer the question of whether the provisional registration was first completed,” “I not see.” The witness answer to the question of “I am not, without a provisional registration, the principal registration without the provisional registration,” and the witness responded to the question of “I am..............., the witness immediately registered the land purchased by the witness without the provisional registration procedure, without the provisional registration procedure, with respect to the question of “I am......”

③ The above Defendant’s statement was not simply known of the difference between provisional registration and principal registration.

It is difficult to evaluate that ownership is transferred due to provisional registration or provisional registration.

B. Defendant A and C on the grounds of unfair sentencing by the Defendants

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