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(영문) 제주지방법원 2017.05.24 2017고단461
위증
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant was working as the facility management department of a medical corporation C in Jeju from around 2010 to August 2015.

On November 27, 2014, at Jeju District Court 301, the Defendant testified as “A,” the witness’s written statement from the Plaintiff’s agent to the effect that the above court 2014 court filed against the Plaintiff medical corporation C (representative director D) this Defendant E was present as a witness of the lawsuit claiming damages, and that “Defendant E agreed to deliver the heat exchange machine, which is the Samsung Electronic Products, to Plaintiff C,” and that “I read the contents of the witness’s written statement, and signed and sealed the witness’s signature and seal, consistent with the contents of the witness’s signature and seal.” On the other hand, the Defendant testified as “D,” the Plaintiff’s agent, who signed a contract with the Plaintiff for the exchange, cooperation, supply, construction, etc. of the heat exchange system, which is the product manufactured by Samsung Electronic Products, and made D’s testimony to conclude the construction contract as “D’s testimony.”

However, in fact, the above C agreed to receive heat exchange equipment, a product of another company, registered with the Public Procurement Service, rather than the heat exchange equipment, which is Samsung Electronic Products, from E, and was well aware of the fact of the Defendant India who participated in the contract process.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Protocol of examination of the witness (A);

1. A witness statement;

1. Written judgment (2014 combined 37);

1. Application of Acts and subordinate statutes on special sales contract;

1. Article 152(1) of the Criminal Act applicable to criminal facts and Article 152(1) of the option of punishment (the choice of punishment: the case where the defendant does not testify in a trial related to his/her workplace in which he/she had been employed at the time, might be at a disadvantage, such as retirement, etc.

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