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(영문) 광주지방법원 순천지원 2021.01.06 2019고단2781
위증
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On August 20, 2019, the Defendant appeared at the court of Gwangju District Court No. 212, 2019, 2019, 14:30, 2019, as a witness, to take an oath against the fraud case against the above court No. 713, 2019, 712, and testified.

The defendant will ask the defense counsel about the process of opening a passbook in the name of the witness.

In September 2016, the witness visited D Association with the complainant C and created A Account Number E and C Card with the depositor.

The witness bears the testimony of “for example” to the question, and the witness creates a passbook on the ground of Madson, thereby making a statement to the public.

The question of “C C” is that the tax amount is at least five million won, so that it can not be repaid.

In doing so, the head of the Tong will make a proposal to create the passbook.

“The testimony was made.”

However, there was no request from C to open an account under the name of the Defendant, and there was no fact that C visited D Association with C and opened an account under the name of the Defendant.

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

Summary of Evidence

1. Determination as to the assertion by the Defendant and the defense counsel regarding the application form (A), the application form for opening the account of the Defendant’s account (No. 105-111 of the evidence record), the application form for opening the account, the application form (C), and the account transaction details (C) concerning the statement of the witness C in the court room (Evidence No. 117-130 of the evidence record) B

1. The defendant and his defense counsel asserted that there was no false testimony contrary to memory since the defendant visited the D association with C upon C's request and opened a deposit account in the name of the defendant, and then delivered a passbook and a physical check to C at the same location.

2. The following circumstances are acknowledged according to the evidence duly adopted and examined by this Court.

(1) On September 8, 2016, the Defendant left Bosung-gun before around 14:20:32.

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