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(영문) 대구지방법원 2016.04.08 2015노756
위증
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) at the time of the Defendant’s misunderstanding of fact, he stored ice materials supplied by Han Round in the open-air site at the time when he worked for the Hos manufacturing company D’s operation, and he stored ice materials in the open-air site even thereafter.

The Defendant was aware of the fact that Hoshes materials were left in the open space even after he retired from E at the end of December, 2012.

Accordingly, the Defendant appeared as a witness of the Busan District Court 2013Ga 23729 case for the claim for the purchase of goods at the Busan District Court 2013Ga 23729, and there was a ice supplied by the Plaintiff Company until it reaches the Defendant factory at the end of December 2012.

“The fact was stated as it was in accordance with one’s memory.”

Even so, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court (2 million won in penalty) is too unreasonable.

B. Prosecutor 1) In fact, the Defendant was aware at the investigative agency of the fact that “D was unaware of the fact that the Defendant requested the return of D Lb.” The Defendant was aware of the fact at that time upon the request of Han Hancom for testimony.

In light of the fact that E’s statement, and the heading materials supplied by Han Han T Rod are materials used in creating high voltages, and that E sells them to M and H is a transparent stud for inorganic use. In light of the fact that the Defendant requested return of approximately KRW 9,000 g of the heading materials supplied by Han Han T Rod on August 2012, and did not know that the Defendant did not return it to Han Lbb, and it did not know whether the heading materials were manufactured using the heading materials remaining without return and sold to other companies.

Nevertheless, the defendant is present as a witness of Busan District Court 2013Gadan 23729 case.

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