logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2012.11.28 2012고정352
위증
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 14, 2010, the Defendant appeared as a witness of the lawsuit seeking the cancellation of the establishment registration of a mortgage at the Do Government District Court No. 2009Na13744 of the above court, and testified that “When preparing the above documents, the Defendant testified to the question of the Plaintiff’s agent “I would like to inform the Plaintiff (F) of what he would use and explain this, such as a limited collateral and a general loan,” and that “I would like to give testimony to the question of the Plaintiff’s agent “I would like to receive a loan consultation from the bank in which the said documents are working as the witness, and I would like to give testimony that “I would like to receive a written application and agreement that will result in the witness.”

However, in fact, the defendant did not have obtained a direct signature from F after presenting F or explaining the terms and conditions of the contract.

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

Summary of Evidence

1. Each legal statement of the witness H, F, I, J, K and G;

1. Partial statement of the witness L;

1. Some prosecutor's offices and police interrogation protocol of the accused (including substitute part);

1. The police statement concerning F;

1. Protocol of examination of the witness;

1. Application of Acts and subordinate statutes to defense counsel opinions;

1. Article 152 (1) of the Criminal Act applicable to the crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant and the defense counsel denied the charges by asserting that the Defendant did not make a false statement, inasmuch as the Defendant directly explained the content of the contract, etc. to F and obtained F’s signature in the contract establishing the right to collateral security, etc.

The evidence mentioned above is considered as a whole.

arrow