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(영문) 서울남부지방법원 2007.3.9.선고 2006고단0000 판결
위증
Cases

206 Highest 0000 Perjury

Defendant

00, Duty-free,

Residence

Permanent domicile

Prosecutor

00

Defense Counsel

Law Firm Woo, Attorneys 000

Imposition of Judgment

March 9, 2007

Text

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

Reasons

Criminal facts

On July 29, 2005: around 00, the defendant appeared and testified as a witness of the fraud case against the above court No. 2005Kadan1670, 000 located in New-dong Seoul, Yangcheon-gu, Seoul District Court No. 406, which held that the above 00 million won loaned to the defendant was 200 million won due and 1.5% interest rate for the above 00 million won, and that the defendant did not pay only a part of interest to the above 00, and that the above 000 won was 3 million won due to the above 3 million won interest rate, although the defendant did not use the credit card from the defendant, the defendant did not talk about the first interest rate for the above 3 million won interest rate, and all of the above 270 million won interest rate was 2 million won with the above 200,000 won credit card.

Summary of Evidence

1. Legal statement of 000 witnesses and partial statement of 000 witnesses;

1. Entry of the accused in part of 00 and 000 of the first examination protocol of suspect interrogation in the prosecution;

1. Entry of the accused in the second examination of suspect into the prosecutor's office, whichever is 00;

1. The statement of each police statement about 000 in part; and

1. Entry of a copy of the examination record of witness;

1. Judgment on the Defendant and his/her defense counsel’s not guilty in a copy of the passbook transaction

1. Claims by the defendant and defense counsel;

The defendant and his defense counsel present himself as a witness of a fraud case against the above 000, and asserted that there is no false statement contrary to memory in giving an oath, and denied the facts charged of this case.

2. Determination

(3) On February 22, 2001, the defendant was issued 198,00,000 won at par value of 00,000, and the above 00 was written (the first police interrogation protocol against the defendant and the first investigation record 142 pages). According to the statement on February 21, 200, the interest rate of 132% on the above 00,000 won is clearly stated (the above investigation record is 1.32% and the interest rate of 00,000 won is merely an act of delivery of 200,000,000 won on the above 20,000,000,000 won after the above 00,000 won was delivered to the above 0,000,000 won on the above 20,000,000 won on the 30,000,000,000 won on the above 20,000,00.

As to the above, the defendant and the defense counsel's above assertion is without merit in light of the fact that the supporting materials are not submitted at all.

Application of Statutes

1. Article applicable to criminal facts;

In a trial of a fraud case against the above 000 punishment on the ground of Article 152 (1) of the Criminal Code, the above 000 borrowed money from the above 000 won was lent to the defendant, and whether or not the defendant paid the above 000 won was in the position of an important evidentiary material to determine the sentencing of the above 000 (if the above 000 won did not pay the principal to the above 000 persons even after receiving repayment from the defendant, it seems that there was sufficient room for using the above 000 persons as a sentencing material disadvantageous to the above 000 persons). Under the trial-oriented principle, the above 00 persons with the aim of the realization of evidence in the court and the formation of a conviction through this, there is a concern that the above 00 persons might interfere with the proper exercise of the penal authority by making a judge mistake of facts, and there is a need to inform the general public that the above 000 persons might be a severe crime with severe punishment, and to establish credibility and credibility of the criminal justice policy and the record.

It is so decided as per Disposition for the above reasons.

Judges

Judges 000

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