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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (fact-finding) was presented by the Defendant as a witness of Suwon District Court 2016Na60041 Claims for Reimbursement (Plaintiff B and Defendant C) and testified as stated in the facts charged of this case in order to emphasize that, at the time of the Defendant’s appearance and testimony, “AJ association was established on May 24, 2005 and was authorized to establish on June 1, 2015, and the Defendant was the first president of the said union; hereinafter “the head of the Tong” was the first president of the said union; hereinafter “the head of the Tong”).
Therefore, at the time of testimony, the defendant had no intention to commit perjury, and the defendant did not have any motive or reason to prove perjury in the case of the claim for reimbursement. Therefore, the judgment of the court below which convicted him of the facts charged in this case is erroneous of law.
2. Determination
A. The lower court convicted the Defendant of the instant facts charged on the ground that it is sufficiently recognized that the testimony of the Defendant, as stated in the instant facts charged, was against the Defendant’s memory.
B. 1) The Defendant consistently denies the facts charged in the instant case from the investigation stage to the court of the trial at the trial. The Defendant’s assertion that “it was impossible to open a passbook in the name of the cooperative prior to the establishment of the cooperative at the time of receiving contributions from members of the cooperative is partially acceptable.” However, if the lower court’s proper reasoning is added to the following circumstances acknowledged by evidence duly adopted and investigated by the lower court, the Defendant appeared at the Suwon District Court around March 2, 2017 as a witness of the claim for indemnity amount, and testified as described in the facts charged in the instant case, which was judged to be false statement contrary to the Defendant’s memory, and thus, the Defendant’s assertion disputing this is rejected.
(a).