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(영문) 창원지방법원 2014.07.08 2014고정86
위증
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

Around 15:00 on July 7, 2009, the Defendant appeared at the Changwon District Court located in Sungwon-gu, Sungwon-si, Sungwon-si, Sungwon-si in the above court of 2008Gadan48936, and made a false statement as a witness in the case of cancellation of the ownership transfer registration, the Defendant was required to take an oath to be punished for perjury and to testify.

The Defendant asked questions about the authenticity of the Plaintiff’s joint and several sureties 48 million won borrowed from E by the Plaintiff’s agent and the Defendant’s agent, and testified that “A witness borrowed KRW 48 million from Nonparty E on two occasions, and prepared a loan certificate with the Plaintiff as a joint and several sureties, and the Plaintiff was present at the Plaintiff’s company.”

In addition, in relation to the claim for loans filed by E against the Defendant and C, the question of whether the mail sent to C was received and delivered by the Defendant and the Defendant’s wife in lieu of the Defendant’s wife was asked from the Plaintiff’s agent and the Defendant’s agent, respectively, and there was a letter of correspondence between the witness and the witness’s husband, and the post office received mail at the time, and the Plaintiff was aware of the contents of the lawsuit.

However, the plaintiff did not agree to the joint and several sureties, and the above litigation document was received instead of the defendant and his wife and was not known to the plaintiff.

Accordingly, the defendant made a false statement contrary to memory and raised perjury.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement by the prosecution concerning D;

1. A complaint;

1. Protocol of examination of the witness (208Gadan48936, 2010Na3784);

1. Application of Acts and subordinate statutes (2008Gadan48936, 2002Na7156);

1. Relevant provisions of the Criminal Act and Article 152 (1) of the Criminal Act concerning the selection of punishment;

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

1. The order of provisional payment;

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