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(영문) 창원지방법원 2012.08.30 2011노2641
위증등
Text

The judgment of the court below is reversed.

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

Reasons

1. Comprehensively taking account of the summary of the grounds for appeal E, C, and D and all the evidence submitted by the prosecutor, the defendant can acknowledge the facts of perjury by making a false statement contrary to his/her memory. The defendant's accusation on the premise of such false statement is sufficient to constitute a crime of false accusation. On the other hand, the defendant's vindication for it is inconsistent with other objective evidence and is contrary to the defendant's statements.

Nevertheless, the lower court accepted the Defendant’s assertion that the Defendant was not reliable, and rendered not guilty. In so determining, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion

2. The Defendant, from around 2006, lent money to C and borrowed money from his own money or from a third party, while engaging in bond business, such as lending money to C and receiving principal and interest payment.

C In need of money in the construction business, while lending KRW 200 million from D to the defendant's intermediation on August 16, 2007, upon C's request, C borrowed the above KRW 200 million, and E borrowed the above KRW 200 million upon C's request, signed and sealed the above KRW 200 million loan certificate and signed and sealed on the column of joint and several sureties, and issued two copies of the certificate of personal seal impression on August 14, 207 to the creditor column of the above Chapter 2 loan certificate.

C around September 24, 2007, around September 24, 2007, it delegated the right of sale and lease to the defendant for the F apartment in Busan, which he constructed for the settlement of loan borrowed from the defendant.

E borrowed money from the Defendant upon the request of the Defendant to lend KRW 100 million from the Defendant on October 2007.

E in order to borrow KRW 100,000 on the condition that 4% per month interest shall be paid from the Defendant, the interest, the loan fee, and the loan fee.

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