beta
Text
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal is that in a civil lawsuit, if the legal representative or the party is a legal person, the party's representative shall be deemed to be incapable of being a witness by applying mutatis mutandis the provisions of the party examination. However, in the case of the civil lawsuit of this case, the defendant who is in the party's position was E, and the defendant was merely involved in transaction with F on behalf of E and was not in the legal representative or the legal representative of D, the court below acquitted the defendant
2. Determination
A. The court below held that the court below's judgment is improper to force the defendant to appear as a witness and make a statement unfavorable to him/her, since the party to the civil lawsuit cannot be the subject of perjury even if he/she testified and testified as a witness due to lack of witness ability, and this legal principle also applies to the representative of a legal entity that is a party to the civil lawsuit. Since it is apparent that the public prosecutor has instituted a public prosecution under the premise that the defendant bears the obligation to pay goods to F as the actual operator of the enterprise that acquired D from E, so long as the defendant is the actual party to the lawsuit claiming the price of goods in this case, it is improper to deem that the defendant cannot be the subject of perjury even if he/she testified and testified as a witness to
B. A party to a civil lawsuit of relevant legal doctrine cannot be the subject of perjury even if he/she testified and testified as a witness due to the lack of witness capacity, and such legal doctrine likewise applies to a representative of a legal entity that is a party to a civil lawsuit (see Supreme Court Decision 97Do1168, Mar. 10, 1998). However, the party to a civil lawsuit is not admitted to the witness capacity.