A. According to the evidence submitted by the prosecutor as to the mistake of facts (as to the charge of Defendant A’s perjury and the charge No. 1, No. 3, and No. 5). Defendant A presented the examination of the witness to B and gave prior notice of the answer to questions, and instigated B to give a false statement, and Defendant B did not have a position to participate in the decision-making process or to know about the business of the company because it was merely a nominal auditor of the Dispute Resolution Co., Ltd., and did not know of the operating method and situation of the company, it can be acknowledged that Defendant A made a false statement contrary to his memory, even though he did not know of the company’s memory.

However, the lower court rendered a not-guilty verdict on all the charges against the Defendants. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to Defendant B (one million won in penalty) is too unhued and unfair.

2. Determination

A. In light of the records, I would like to examine the evidence of this case as to the assertion of mistake of facts in detail in light of the records. Also, if the defendants submitted a petition claiming that the police investigation was conducted on July 19, 2016, after the defendants were sent to the prosecution, to the Busan District Public Prosecutor's Office, submitting it to the appellate court that "the police officer in charge of the investigation of the police forced the confession by force during the investigation into the police to make a confession by force." This part of the facts charged is denied, and unless it is proved that the confession statement by the police was made under particularly reliable circumstances, the confession statement by the defendants made by the police officer D and H cannot be used as evidence of guilt (Article 316 (1) of the Criminal Procedure Act). The prosecutor submitted by the court below for the reasons stated in its holding.