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(영문) 대구지방법원 2016.12.08 2015고단6140
위증
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

D around March 18, 2010, around E, the certificate of beneficial interest of KRW 1.2 billion at par value was delivered to E as a security title for the debt of KRW 600 million to E.

After that, the Defendant engaged in the business with D and franchise business. “E shall sell the above certificate of beneficial interest to KRW 600 million and shall pay the principal of the above obligation to E, and once the above certificate is found, the Defendant shall pay KRW 300 million out of the sales proceeds to E and shall use the remainder of KRW 300 million in the above franchise business.”

Accordingly, D, around July 26, 2012, stating that “A person who is willing to purchase the above certificate of beneficial interest, will sell the certificate to that person and repay the principal of the above obligation,” and even if he was paid the price in full to G, E and F that “I would have sold the certificate of beneficial interest at KRW 600 million and would not receive KRW 300 million from the sale of the certificate. The remaining KRW 300 million will be received later,” and the Defendant embezzled the above KRW 600 million by consuming it as business funds of the Defendant, etc. without permission.”

On September 3, 2014, at around 16:30, the Defendant appeared to take an oath as a witness, such as embezzlement of the above court No. 2014Kadan103, which was held in the court of law No. 302, Dang-gu, Daegu District Court No. 302, the Defendant took an oath.

During the examination of the above case, the defendant asked the prosecutor's "I wish to sell this deed to E" to answer the question "I wish to sell it at the best risk. I know that the defendant D knows that I will sell it," and answer to the question "I know that I will know that I will sell this deed to E for a long time," and "I know that I will sell this deed to E. I will sell it."

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