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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the perjury related to the preparation of each of the facts charged in the instant case, there is a fact that the Defendant did not prepare each of the written statements as of December 27, 2002. However, the identity of the person who prepared the written statements was not disputed in the civil procedure at the time, and the written notes of the above written statements were similar to the Defendant’s body. The Defendant caused an error, thereby making a statement that he prepared the remaining contents of each of the above written statements except for Q, the Defendant did not have any intent to commit a crime of perjury.
Nevertheless, the judgment of the court below which convicted the defendant of this part of the facts charged is erroneous in misconception of facts and misapprehension of legal principles.
B. As to the perjury related to the title trust of shares among the facts charged in the instant case of mistake of facts, the agreement on October 18, 2002 between T and R constitutes not a title trust of shares, but a transfer of true meaning, and the Defendant was well aware of the meaning of the agreement by taking charge of delivering T and R’s opinions to T at the time the agreement in this case was concluded. Nevertheless, the Defendant appeared as a witness in the relevant civil case and stated that T was in title trust of P shares with T. The Defendant was guilty of perjury. The lower judgment that acquitted the Defendant of this part of the facts charged against the Defendant is erroneous in the misunderstanding of facts. (ii) The sentence (700,000,000,000 won) imposed by the lower court on the Defendant of unfair sentencing is too uneased and unfair.
2. Determination
A. According to the evidence duly admitted and examined by the lower court, the following facts are recognized.
1) T is a person who has operated a number of cable music broadcasting stations, relay cable broadcasting stations, cable broadcasting stations, cable broadcasting stations, etc. in his/her or their employees in each country including Daejeon, Busan, and Gwangju from around 1970.