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(영문) 서울중앙지방법원 2013.03.21 2012고정4923
위증
Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

1. On March 2, 2010, Defendant A appeared and taken an oath at the court of Seoul Southern District Court 406, the Seoul Southern District Court 406, which is located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, as a witness of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) against D.

The Defendant responded to the question “A” of the defense counsel E of the instant case “Is the fact that the witness has invested in the money of the witness in the company during the incorporation or continuation of the F Limited Corporation,” and continuously testified to the question “Is the said counsel’s “Is the fact that I has paid the money of the witness to G in fact.”

However, in fact, the Defendant did not have invested the Defendant’s money in the above company. However, the Defendant merely prepared a capital share acquisition contract in the form of a nominal shareholder without investing the money in the above company and received the shares in the name of the said G, and did not have paid the Defendant’s money to the actual G with the transfer price.

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

2. On April 19, 2010, Defendant B present himself at the same place as the witness of the case mentioned in the preceding paragraph and took an oath, and responded to the question of “I do not receive 100 million won by having the witness (D) and the witness’s personal account to transfer 100 million won to the witness’s personal account,” and “I do not have any fact,” and “I have no fact to receive some return of 185 million won from the money that the Chairperson sent to the golf membership purchase fund prior to the establishment of the H, because there was no fact receiving KRW 100 million from the personal account,” and “I have no return received from the Defendant on September 13, 2007.” continuously, the witness received KRW 100 million from the Defendant around September 207.

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