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(영문) 의정부지방법원 2012.09.13 2012고단1335
위증
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 24, 2011, the Defendant appeared as a witness of the Defendant on the third day for pleading of the case, such as the agreed amount, which was held in the court No. 10 of the Seoul Eastern District Court No. 14:30 on August 24, 2011, and taken an oath. The Defendant testified that the Plaintiff’s agent “I give up to the Plaintiff the amount of KRW 30 million, whichever was later,” in the cross-examination of the Plaintiff’s agent “I give to the Plaintiff at the site of KRW 30,000,000,000,000,” and later, I testified that “I want to take the check in cash. I want to take it into cash, I shall have the witness put the KRW 30,000,000,000,000,000.”

However, the Defendant received KRW 30 million from C and remitted KRW 7 million on September 28, 2003 to D only, and KRW 10 million on April 1, 200 of the same year.

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

Summary of Evidence

1. Legal statement of witness D;

1. Statement D in the police interrogation protocol of the accused;

1. Each police statement concerning D;

1. Protocol of examination of witness;

1. Application of Acts and subordinate statutes on details of transactions in passbooks (No. 1 list of evidence);

1. Article 152(1) of the Criminal Act applicable to the facts of crime, Article 152(1) of the Criminal Act of the choice of punishment, the pro rata of imprisonment [decision of the type] No person who has no type 1 (compactant) [decision of the recommended area] of perjury [decision of the recommended area] basic area / [decision of the recommended area] six months to one year [decision of the sentence of recommendation] no history of criminal punishment [No person who is a general person] [whether suspended sentence of imprisonment] - Major reasons for writing: No history that there is no criminal punishment (esteem reasons): No reason for general reference [decision of the sentence] [decision of the sentence] No person who has been sentenced to perjury in April shall be punished for a crime that infringes on the national judicial function by interfering with the court to discover truth.

In addition, the defendant has been compelled to make a part of the transferred money under the pretext of consolation money of D and refused to return it.

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