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(영문) 대구지방법원 김천지원 2017.11.22 2017고단968
위증
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

[criminal record] On February 5, 2015, the Defendant was sentenced to the suspended sentence of three years and fine of 390,000,000 won for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (such as issuance of false tax invoices) at the Daegu High Court, and appealed on June 1 and June. However, upon dismissal of the above appeal, the judgment became final and conclusive on August 27, 2015.

[2] The Defendant testified to the effect that, on June 18, 2014, at around 15:00, the Defendant was given testimony to the effect that: (a) the Defendant was present at the trial of violation of the Punishment of Tax Evaders Act against the Daegu District Court 2013 high order 1046, which was held in 39, Kimcheon-si, Kimcheon-si, as a witness in the trial of violation of the Punishment of Tax Evaders Act against the said court; and (b) the public prosecutor’s witness was given three times from July 26, 2009 to November 2, 2009, “A summary where the Defendant was supplied with 100,000 won in total; and (c) the amount of KRW 100,000,000,000,000 in total after having been supplied with the old interest of KRW 10,000,000,000.

However, there was no fact that the Defendant was supplied with a total of KRW 100 million from C, and C was in receipt of a request from the Defendant to issue false tax invoices, and C was in receipt of a request from the Defendant for the issuance of false tax invoices, and made a false tax invoice stating the value of the supply to the Defendant.

Accordingly, the defendant gave false testimony contrary to his memory and raised perjury.

Summary of Evidence

1. Statement by the defendant in court;

1. A mark of the record of criminal appeal and a copy of the list of evidence, a copy of the examination protocol of witness, and a copy of the written accusation (such as the circumstances of the offense);

1. Investigation report (Attachment to C of a copy of the judgment in violation of the Punishment of Tax Evaders Act, and a copy of the summary order in cases, such as aiding and abetting C, etc.,);

1. Previous convictions: Inquiries into criminal records, reporting on investigation (verification of criminal records), and application of Acts and subordinate statutes which show the results of confirmation of minor convictions who have not been subject to disposition;

1. Article 152(1) of the Criminal Act (Selection of Penalty) as to the facts constituting an offense.

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