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(영문) 전주지방법원 2016.11.24 2016고단952
위증
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Criminal facts

At around 17:30 on May 25, 2016, the Defendant appeared and taken an oath as a witness of the former District Court No. 25, the Seoul District Court No. 2015No1243, May 25, 2016, the Defendant responded to the question that “The date on which the member name group was received from the Defendant (C) and the date on which the witness was received KRW 5 million from the Defendant (C) is not the same day,” and the Defendant responded to the question that “It was received when he was investigated.” The Defendant did not receive the list of “Defendant (C)” to the effect that “I did not receive the testimony from the members of the Seoul District Court, such as reply.”

However, the Defendant explicitly stated that “the Plaintiff received KRW 5 million in cash from C at the same time” in the process of investigation and the first instance trial of the instant case (Seoul District Court 2015Ma885) which became final and conclusive against the Defendant. In fact, on December 2, 2014, the Defendant received the list of cash and the said list from C in the Defendant’s milch farm in the milch farm in the milch farm E located in the Jeonbuk-gun-gun, North Korea.

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

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. A copy of each protocol of examination of the accused by prosecution;

1. A copy of opinions of trial, copy of protocol of examination of a witness, transcript of recording, and application of Acts and subordinate statutes to the final judgment;

1. Article 152 (1) of the Criminal Act applicable to the crimes;

1. Statutory mitigation under Articles 153 and 55 (1) 3 of the Criminal Act;

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

1. The Criminal Procedure Act;

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