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(영문) 부산지방법원 2015.11.26 2015고정2877
위증
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 30, 2007, the Defendant (hereinafter referred to as “C”) is a person operating C (hereinafter referred to as “E”), D is a person operating E Co., Ltd. (hereinafter referred to as “E”), and (State)C entered into a basic contract for the management of foreign seafarers’ crew members in the Indonesia with NFFC on the job placement (on May 30, 2007) and paid KRW 30 million as the contract deposit, and the basic contract was terminated on July 13, 2009.

Accordingly, on March 12, 2010, the Defendant proposed that D succeed to management of approximately 40 Indonesian seafarers who entered Korea through (State)C to D, and D consented thereto, and entered into a contract with NFF on March 12, 2010 with a foreign seafarer management services.

D on October 28, 2010, the D promised the Defendant to transfer the contract deposit of KRW 30 million from NFFFC to the (State) fisheries cooperation account immediately upon receipt by NFF of the said contract.

E received 27,595,200 of the above contract performance bond from NFFC around July 26, 201, but D refused to return the deposit by asserting that it should deduct the contract amount for the seafarer management expenses to be paid by the defendant out of the amount, and D, upon the defendant's complaint, was requested for summary order as embezzlement and was tried by Busan District Court 201Da3066.

At around 17:00 on September 27, 2012, the Defendant appeared as a witness of the Defendant’s embezzlement case of the above 2012 High Court No. 352 at the Busan District Court No. 352, the Busan District Court, which was located in the Busan Seo-gu, Busan, and testified, that D’s defense counsel did not properly respond to the cross-examination.

Accordingly, the defendant testified to the above defense counsel that "E has been managed by the foreign seafarer belonging to (State)C during the period from July 13, 2009 to March 12, 2010."

However, the facts are as above E on March 12, 2010.

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