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The defendant shall be innocent.
Reasons
1. The summary of the facts charged was that the Defendant worked as a broker assistant at the office of “E Licensed Real Estate Agent” operated by D, a licensed real estate agent, in Nam-gu, Incheon. On August 5, 201, in the course of mediating the lease of an apartment, the lessee (G) failed to properly peruse the copy of the register of the register, and won the lawsuit against the above D, thereby winning the lawsuit, and accordingly, the above D substantially relayed the above F, and subsequently, the Defendant was present and taken an oath as a witness of the Plaintiff in the claim lawsuit, such as the indemnity amount, etc. (hereinafter “instant lawsuit”).
On October 31, 2012, the Defendant testified that “At the time of the contract, the description of the object of brokerage was directly harmed by G” in the court of Law No. 414, Nam-gu, Incheon, Nam-dong, Incheon, Incheon, the Defendant testified that “I asked the Defendant to question on the object of brokerage.”
However, in fact, the explanation of the above object of brokerage was made by the plaintiff D, and the defendant was present at the time of the preparation of the lease contract and witness in whole.
Accordingly, the defendant, as a witness who has taken an oath, made a false statement contrary to his memory, and perjury.
2. Determination
A. In a criminal trial, the burden of proof for the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.
(see, e.g., Supreme Court Decision 2011Do7261, Nov. 10, 2011). Meanwhile, perjury is established when a witness who has taken an oath under law makes a statement against his/her memory. As such, the testimony is based on the fact that such statement does not conform to objective facts.