A. The judgment of the court below convicting Defendant F of the charge of perjury that the Defendant borrowed money from F until November 27, 1999 is the aggregate of KRW 70 million, and accordingly, the testimony of F, the aggregate of which is KRW 1.32 million, constitutes perjury. However, the judgment of the court below which found Defendant guilty of the charge of perjury that the Defendant’s accusation of perjury constitutes a false accusation, thereby affecting the conclusion of the judgment.

B. The sentence imposed by the prosecutor by the court below (three years of the suspended sentence of ten months) is too unfortunate and unfair.

2. Determination

A. According to the evidence duly admitted and examined by the lower court, the following facts can be acknowledged as to the grounds for appeal by the Defendant.

㈎ 피고인과 F 사이의 금전거래와 담보 내역 피고인은 F 및 그의 남편 R과 1980년 무렵에 알게 되어 20여년이 넘게 친분관계를 유지하면서 F으로부터 사업자금을 빌려 사용하는 등 금전거래를 하였다.

The particulars of the defendant's setting up security against F in connection with the above monetary transaction are as follows.

1) Around August 1996, the Defendant set up a right to collateral security of KRW 200,000,000,000,000,000,000,000,000 owned by the Defendant under F’s title H, Ma

2) The Defendant totaled KRW 500 million from F and G on October 14, 1996 (F KRW 300 million, G 200 million)

H. In order to secure this by borrowing money from the G et al. (hereinafter “G et al.”) and secure it, JJ 171.9m2 and 1/3m2 of the Icele 290m2 (hereinafter “Nsite shares”), prior to the merger into the Icele-gu Seoul Special Metropolitan City I’s land, set up a collateral security right of KRW 500,000,000,000 for claims under the joint name of AS (G’s husband) and AT (G’s birth).

After that, F received the transfer of G’s claim by repaying the Defendant’s debt of KRW 200 million to G.

3) On November 24, 1998, the Defendant borrowed KRW 100 million from F, and secure it, the Defendant owned the Defendant and two other parcels (hereinafter referred to as “the Defendant”).