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(영문) 서울중앙지방법원 2017.02.16 2016노3915
위증
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. On July 15, 2011, G was present at a special meeting for C building management units (hereinafter “special meeting of this case”) held on July 15, 201, and even if G was not present, G was not present.

Even if the defendant was aware that G was present at the special meeting of this case

It is reasonable to view it.

Therefore, although the defendant did not make a false statement contrary to his memory, the judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous in the misapprehension of the judgment.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. The summary of the facts charged in this case is the person who participated in the meetings of the above C building management unit on behalf of D with the children of D, the store owner in the underground floor of Jongno-gu Seoul Metropolitan Government C building.

E, the owner of a part of the above C building, filed a lawsuit claiming compensation for damages against F, etc., the president of the C building occupied by the owner of the said C building, claiming that he/she is the representative of the C building management group, on the ground that F, etc. is unlawfully collecting the parking fee for the said building, but at the first instance court lost E on the ground that E cannot be deemed a legitimate representative of the C building management group, and later E filed an appeal, and the Defendant was present as a witness for deliberation on the appeal.

Around 15:30 on May 12, 2015, the Defendant appeared as a witness of the appellate court of this case involving the claim for damages that was in progress by the above court from the Seocho-gu Seoul Central District Court 304, Seocho-gu, Seoul Central District Court (Seoul District Court 2014Na 37834), and testified after oath, there is a key issue as to whether the above E is legally elected as a representative. In fact, G does not attend the instant special meeting held on July 15, 201, and therefore, G does not have any direct seal on the minutes, and even though G does not have any direct seal on the minutes, the Plaintiff E’s agent’s “the minutes are all terminated.”

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