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(영문) 서울동부지방법원 2017.04.12 2017고단471
위증
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 22, 2016, the Defendant appeared as a witness of B in the Seoul Eastern District Court No. 5, Seoul Eastern District Court located in 404, Asan-ro 404, Gasan-ro, Seoul, Seoul, 2016, 1422, and violated the Petroleum and Petroleum Substitute Fuel Business Act, etc.

(1) The Defendant answer the defense counsel’s question, “I”, and “Is to the extent that Is the witness (Defendant) has not received a total of KRW 3.5 million from B on November 28, 2015, and KRW 3.5 million on February 2, 2016,” and “Is to the extent that Is the witness was distorted.”

“I have taken the question of the defense counsel,” “I have borrowed.”

3. The question of the defense counsel, "I have received a request from B to put oil into the vehicles of dump trucks and heavy equipment which work at the site of the C Civil Works," and "I have no prior to that request."

4. The witness responded to the questions of the defense counsel, “The amount of KRW 3.5 million received from B is merely a loan, and the witness does not receive any money in return for an illegal solicitation as the witness testified in the preceding paragraph,” and “e.g.,” respectively.

However, in fact, the Defendant is a person in charge of the field work of G, a corporation, who performed the construction work after being entrusted with the E Civil Works and the C Urban Development Work in the Sinnam City F, in response to the illegal solicitation from B around November 20, 2015, that “The C Civil Works Site shall also put oil into a vehicle with a dump truck and heavy equipment work in the construction site, as in the E Construction Site,” and the Defendant was transferred KRW 1.5 million to the Defendant’s account in the name of the Defendant on November 28, 2015, and KRW 2.5 million to the same account on February 2, 2016. There was no fact that the Defendant borrowed KRW 3.5 million from B, such as the aforementioned testimony.

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

Summary of Evidence

1. The confession made by the Defendant at the court on January 23, 2017, as the Seoul Eastern District Court 2016 No. 1422 case, the Defendant stated in his/her official capacity, became final and conclusive on January 20, 2017.

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