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(영문) 서울중앙지방법원 2017.05.26 2017노718
무고등
Text

The guilty part of the judgment of the first instance court (including the acquittal part of the reasons) shall be reversed.

Of the facts charged in the instant case, perjury is recognized.

Reasons

1. Summary of grounds for appeal;

A. As to the partial perjury found guilty by the first instance court of the Defendant (misunderstanding of facts, legal misunderstanding), the part stating “F is not a company that is not a company that is not a company that is engaged in the business with Defendant F (C)” cannot be deemed as a false statement in light of the meaning of the Dong business that is recognized by the Defendant, who is a general public, and that: (a) does not invest money in establishing and operating F; (b) does not assist in some business; and (c) does not include false statements

In addition, the statement stating that “Defendant (C) had entirely known of F business” is merely an exaggeration or a reduction in the circumstances that it was merely an exaggeration or a reduction in the circumstance that C did not have any work on behalf of F except for the loan of accounting staff.

B. The evidence reveals that C had arbitrarily used the above money even though C had obtained the Defendant’s consent or consent and withdrawn KRW 15,000,000 from the F’s account, on the part of the charge of false fact-misunderstanding (the part not guilty in the judgment of the court of first instance) by the prosecutor (misunderstanding of facts and sentencing) 1) and the first instance court acquitted the Defendant of the charge of partial perjury

C It is sufficiently recognized that the facts with the same content as C are proven.

2) The above sentence, which was sentenced by the first instance court in light of the nature, etc. of the instant crime, is too uneasible, because it was judged that the Defendant was not guilty of some perjury and that it was not reflected in the sentencing.

2. Determination

A. (1) As to the grounds for appeal by the defendant, whether the testimony of the witness is false or not shall be determined by understanding the whole of the testimony during the examination procedure concerned as a whole, not by the simple Section of the testimony, rather than by the simple Section of the testimony. If the meaning of the testimony in question is unclear or it can be understood in light of the ordinary meaning and usage of the language, the context before and after the testimony in question, the purpose of the examination, the circumstances leading up to the testimony in question, etc.

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