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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal stated that E appeared as a witness in the relevant case and testified. However, the court below found E guilty of the facts charged in the instant case in spite of the fact that E was not able to attend as a witness in the court due to the unpaid fine from E, and the defendant merely paid a unpaid fine on behalf of E, and did not have the defendant made a false testimony. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. In light of the following circumstances acknowledged by the evidence duly admitted by the lower court through the evidence examination, the Defendant, as stated in the facts charged, can sufficiently recognize the fact that the Defendant conspired with I to make a false statement contrary to his memory and abetted E to commit perjury. Thus, the Defendant’s assertion is without merit.
① The Defendant is the representative director of D Co., Ltd. (hereinafter referred to as “D”), which is a heating and cooling facility business entity, and E is “H below” operated by G located in F of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun.
It is a person who has worked as a management director from the office.
The Defendant agreed to install the air pumps, which are air-conditioning equipment, at G and the instant private house, and completed installation around June 1, 2008, and G commenced the business of the instant private house around August of the same month.
However, G had frequently ceased due to the defect in the operation of the above set pumps and demanded G to repair the equipment, and D had completed the pipeline alteration work at the end of August 2008 through around September 9, 200, along with the defect repair. Nevertheless, G installed an electric boiler, etc. with a separate cost-bearing supply method due to the lack of operation of the set pumps. Since January 2009, G was completely unable to operate the set pumps at all. The Defendant also did so in the process of performing the set pumps repair work.