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(영문) 서울동부지방법원 2017.08.31 2016노2112
위증
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the defendant's perjury can be acknowledged.

2. On May 2, 2014, the Defendant appeared and taken an oath at the Busan District Court, located in the Busan District Court on May 2, 2014, at the Busan District Court, that: (a) the said court 2013, which filed against the Defendant E Co., Ltd. and the medical corporation, filed a lawsuit against the Madem Medical Foundation; and (b) the Defendant appeared and taken an oath as a witness of the lawsuit, such as revocation of the act by her 12306.

“The answer was made.”

However, in fact, the Busan District Court 2001 Gohap 18691, which was filed by the above D, was well aware that the defendant, as the representative director of the E corporation, succeeded to the status of the plaintiff and participated in the lawsuit, etc.

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

3. The decision of the court below and the court below held that although the name of the building recorded in the facts charged was registered as the representative director of the E Co., Ltd. at the time of the lawsuit, the defendant's chief executive officer of the E Co., Ltd. was proved to the extent that there is no reasonable doubt as to the fact that the defendant made a false statement contrary to his memory, and the defendant's overall testimony appears to the purport that the above lawsuit is practically by E Co., Ltd. and the whole purport of the defendant's testimony is not by E Co., Ltd.

It is difficult to see

The decision was determined.

In light of the records, the above determination by the court below is correct.

Therefore, the judgment below erred by misunderstanding the facts.

The prosecutor's assertion is without merit.

4. According to the conclusion, the Prosecutor’s appeal of this case is without merit, and thus, the Criminal Procedure Act.

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