A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 21, 2016, the Defendant appeared at the court of Suwon District Court No. 108, 120, Suwon-si, Suwon-si, Suwon-si, Suwon-si, as a witness of the embezzlement case of No. 2016, No. 6377, B (hereinafter “case subject to perjury”), and gave testimony on the said case.

Defendant’s defense counsel’s question “The witness and the Defendant’s 32 billion won worth above, 100 million won, and c in cash,” “after dividing the money from an attorney-at-law’s meeting at an attorney-law’s office, write a fair deed and then dividing the money.”

He responded to the defense counsel's answer, "after receiving KRW 10 million from the witness and the defendant on June 11, 2009 because he/she was aware of the legal issues between D and E, he/she again asked the defendant to answer the question, "I sent the amount of KRW 57 million to E with this money, and asked E not to be responsible for legal responsibility any longer, and E asked to do so."

The testimony was made to the effect that B paid KRW 100 million to C, and C gave up KRW 57 million among them to B as debt repayment for D.

However, there was no fact that C paid KRW 100 million to C, and C requested D to repay its obligations to B, and there was no fact that B paid KRW 57 million to B.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Court rulings in cases subject to perjury and court rulings in the first instance (Jiwon District Court Branch Branch of Suwon District Court 2016 High Court Order 21);

1. Application of Acts and subordinate statutes to the defendant of a case subject to perjury on the examination of witness;

1. Relevant Article 152 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 153 and 55 (1) 3 of the Criminal Act to mitigate confessions;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on probation [Perjury].