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(영문) 부산지방법원 2014.07.10 2014노1310
위증
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal stated that “A person who lends 3 million won to C with the agreement amount of other cases” from G, the Defendant appeared and taken an oath as a witness of the appellate court of the instant case, including the Busan District Court 2012No3562 and 3860 (combined) fraud, etc. (hereinafter “ separate fraud case”), and stated that “G lent lent 3 million won to C with the agreement amount of other cases,” as his memory, the Defendant made a false statement contrary to his memory, and thus, convicted the Defendant of the facts charged.

2. The following facts or circumstances acknowledged by the court below comprehensively based on the evidence duly admitted and investigated by the court below, i.e., ① the defendant testified in a case-by-case fraud that “G has lent KRW 3 million to C in the agreement amount of other cases,” and continued to answer the prosecutor’s repeated questions in addition to the testimony that “G has borrowed KRW 3 million in the agreement amount of other cases,” and ② G consistently testified that “I had borrowed money to it, and it would have been a multi-purpose restaurant deposit,” and ② However, from the case-by-case fraud to the case in this case, G consistently stated that “three million won in the amount of money to C was the deposit of I restaurant.” There was no statement from the defendant that “I had not paid the said money in the name of other agreement amount. 3 million won in a case-by-case fraud, C did not object to the above judgment and rejected the judgment of the court of assistance of KRW 201,300,000,000.”

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