위증
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that F has consistently paid KRW 100 million to C and D as the purchase price for urban residential housing; F has no reason to pay KRW 100 million as the purchase price for the urban residential housing; F has to pay KRW 100 million as the purchase price for the apartment residential housing, and F and D have received text messages. In light of F and D’s text messages, it is reasonable that F has paid KRW 100 million when entering into a sales contract for urban residential housing from C and D; F, C, and D had been well aware of the circumstances about the above sales contract, but the Defendant was present as a witness of C and D, and made a statement contrary to his memory. Therefore, the facts charged of this case is sufficiently recognized.
Nevertheless, since the court below acquitted the defendant, there is an error of misconception of facts.
2. The lower court rendered a not guilty verdict on this part of the facts charged while clearly explaining the grounds for its determination.
Examining the evidence duly adopted and examined by the court below in light of the records, the evidence alone presented by the prosecutor cannot be deemed as having been proven beyond a reasonable doubt. Thus, the court below did not err in matters of mistake of facts, as alleged by the prosecutor, in the judgment of the court below that acquitted the public prosecutor of this part
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.