A. Since the Defendant, at the time when C delivers two copies of the number of shares per party to E, showed that each “2.5 million won” was written in the amount column, the Defendant appeared as a witness in the court of first instance at the Daegu District Court’s trial of the case without fault (hereinafter “the case without fault”) against C, and stated to the same effect is not a perjury.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of facts and the evidence duly admitted and investigated by the trial court, the Defendant may fully recognize the fact of perjury by making a false statement contrary to his memory even though C did not regard the amount column as being KRW 2.5 million at the time of issuing the check of the number of units Nos. 1 and 2 to E.

① At the court of first instance of the preceding case, E made a statement to the effect that, in the first instance court of the case, C issued two copies of the blank number of units in blank (which appears to be an error in the issue date) the amount column and the payment date column (which appears to be an error in the issue date) in each column. (In the investigation record,

② In addition, in the court of first instance of the case where E received two copies of the above number of shares from C, E made two copies of the (C) number of shares in the preceding appeal case, and decided to receive goods from the company that is engaged in the transaction by giving two copies of the (C) number of shares and 20 million won to receive goods from the company that is engaged in the transaction, and the current balance is 5 million won or more, on the ground that C, the defendant and one female worker are 5 million won or more, and the remainder is 5 million won.