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(영문) 부산지방법원 2018.06.28 2017노2363
위증
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not contain any fact that the defendant received the down payment from E at the time of the real estate supply contract, or made a false statement in the court, and thus, the court below found the defendant guilty of the facts charged of this case. The court below erred by misapprehending the legal principles.

2. Determination

A. The summary of the facts charged in the instant case is that the Defendant appeared as a witness of the lawsuit claiming damages (the above court 2015Na 53704) due to the nonperformance of the obligation that he/she raised against C at the Busan District Court on April 27, 2016, and testified after he/she appeared as a witness of the lawsuit claiming compensation for damages (the above court 2015Na 53704). The facts are that on December 23, 2011, at the defendant's office on the same 1st, the above 34 houses including the above 101Da1205, 1205, the above 34 houses, including the above 200-3 million won, and the 310,000,000 won contract deposit was not made by the witness at the time of the issuance of the contract to the witness.

(3) At the time of signing a contract with a witness who is aware of the witness, the contractor would have paid the down payment of 10% of the total sales price.

The fact that the contract was entered into in 200 to 3 million won is one-time, and the fact that the contract was entered into is not a single-time.

(4) If the contractor pays the down payment at that time, the witness is found to have paid the down payment to the H account of the sales agency, and the deposit is confirmed to have been made again from the account to the land trust under the name of the national bank on the real estate supply contract.

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