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(영문) 서울중앙지방법원 2018.01.19 2017고단5242
위증
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

【Basic Facts】 The Defendant is the substantial representative of the Dispute Resolution D.

The Defendant, along with E, purchased the purchase price of KRW 2.1 billion from F and his wife G on September 26, 2014, and agreed to pay the down payment of KRW 50 million on the date of the contract, the intermediate payment of KRW 310 million on October 25, 2014, and the balance of KRW 1.74 billion on December 20, 2014, respectively (hereinafter “the first sales contract”), and the term “sale contract for commercial housing” (hereinafter “the buyer in the sales contract”), “I” and “J” as of the same date, but the buyer failed to prepare part payment and was notified of the cancellation of the contract on December 10, 2014.

On the other hand, on March 30, 2015, the Defendant purchased the said site at KRW 2.1 billion, and the Defendant agreed to pay the down payment of KRW 100 million on the date of the contract, KRW 100 million (the intermediate payment of KRW 100 million on April 30, 2015, and the balance of KRW 1.9 billion on June 30, 2015 (hereinafter “the second sales contract”) as of the same purport as above (hereinafter “the second sales contract”), prepared a “sale housing contract” (the buyer under the sales contract is “I”) as “the purchaser,” but the latter did not prepare intermediate payments, and was notified of the rescission of the contract on May 8, 2015.

E, on November 17, 2015, filed a lawsuit with F and G for the return of the down payment of KRW 50 million paid in the first sale contract with F and G (Seoul Central District Court Decision 2015Ga group 536101) with the Seoul Central District Court. In order to support the Plaintiff’s assertion that the principal responsibility for the cancellation of the contract lies in the Defendant, such as double selling of the said site by F and wife, etc., the Defendant provided the following perjury.

【Criminal facts】 The Defendant appeared and taken an oath at the court of Seoul Central District Court No. 456, which is located in Seocho-gu Seoul Metropolitan Government Seocho-gu, on August 30, 2016, as a witness for the above civil procedure:

1. The Defendant, together with E, holds 80 million won out of the intermediate payment of the second sales contract and holds at a coffee shop.

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