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1. The defendant is innocent. 2. The summary of this judgment shall be notified publicly.
Reasons
1. On November 17, 201, the Defendant testified in the Seoul Southern District Court No. 312, 313-1, located in Yangcheon-gu, Yangcheon-gu, Seoul, Yangcheon-gu, Seoul, as a witness of the above court 2010Gahap23181, the above court 2010Gahap23181, and the defendant D Co., Ltd. (representative E) to take an oath. As to the examination of the defendant's representative concerning the successful bid for the auction auction of real estate owned by Chang-gu, Seoul, Yangcheon-gu, Seoul, 313-1, the Defendant testified that "a third party who was awarded a successful bid is present at the sports center as a bond group".
However, the person who won the real estate owned by the above (e.g., the owner) was not a person working at the Sports Center.
Accordingly, the defendant made a false statement contrary to his memory and raised perjury.
2. Whether a witness’s testimony constitutes a false statement contrary to memory or not shall be determined by comprehensively identifying the whole of the testimony during the examination procedure concerned rather than by the simple Section of the testimony. If the meaning of the testimony is unclear or multi-dimensionally understandable, the meaning of the testimony should be clearly determined after considering the ordinary meaning and usage of language, the context before and after the testimony in question was made, the purpose of the examination, the circumstances during which the testimony was made, etc.
(see, e.g., Supreme Court Decision 2001Do5252, Dec. 27, 2001). A third party who was selected by the Defendant testified in the examination of the Defendant’s agent “out whose authorization the third party is required to be present at a sports center.” However, as recognized by the evidence duly admitted and investigated in this case, the following actions are performed with the Defendant, such as: (a) the successful bidder of the sports center was a member of the actual claims group; (b) the Defendant was a representative of the claims group, and (c) the Defendant was engaged in demonstration at the same sports center every day.