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(영문) 청주지방법원 2014.08.29 2014노171
위증
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the circumstances such as the credibility of the E’s statement that conforms to the facts charged in the facts charged in the grounds for appeal (defluence of facts) and the lack of credibility in the Defendant’s statement in the criminal case against D (Cheongju District Court 2012No678) and the rejection of the Defendant’s statement and the confirmation of conviction based on E’s statement, etc., it is recognized that the Defendant made a false testimony contrary to memory,

Therefore, the court below rejected the defendant's statement on the ground that it was not reliable, and found the defendant not guilty.

2. Determination

A. From January 12, 2012, around 16:00 on January 12, 2012, the Defendant appeared to take an oath as a witness of the Defendant’s occupational embezzlement case with respect to Cheongju District Court No. 2, Cheongju District Court No. 2, which was located in Cheongcheon-si, as a witness.

The Defendant testified to “for example,” to the witness’s testimony that “A witness, upon the E’s request, gave testimony of KRW 10 million on September 27, 2005, and KRW 4 million on October 4, 2005, after being deposited into the Agricultural Cooperative Account of the witness,” and that “A witness, September 27, 2005, sent a telephone call to the witness to the witness and deposited KRW 10 million in the witness’s account in cash, and the witness’s testimony to the witness that the witness would be found in cash will have been deposited in the witness’s account.”

Then, the Defendant testified to the witness, “B, even on October 4, 2005, E has paid 4 million won by telephone to the witness,” and testified to the question, “I would like to find the witness in cash and give E a statement of whether I would like to use the internal account, although I would like to know that I would not know that I would like to do so. I would like to say that I would like to say that I would have paid 4 million won by telephone to the witness, and that I would like to find it in cash.”

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