2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the Defendant’s assertion of mistake of facts is without merit, since it is sufficiently recognized that the Defendant made a false statement contrary to his memory at the time of the instant case.

① On November 3, 2009, the Defendant appeared as a witness on the third trial date of the violation of the Act on the Control of Narcotics, etc. (compacting the Incheon District Court Decision 2009Da1282, 1437, and 1736 (Consolidation)) against C on November 3, 2009, and testified to the effect that “C has administered phiphones within D’s car parked on the street near Kimhae-si located in Kimhae-si on February 12, 2009,” with respect to the criminal facts that “C has driven the SM7 vehicle owned by D around February 12, 2009 and operated it as F Hospital in Busan, but at the time, the Defendant was only driven with D, and there was no fact that C was administered with phi, and there was no fact that C, and C, or D received or administered narcotics entirely.”

(16-20 pages). (2) At the time of the testimony, the Defendant answer to the question of the defense counsel, “I do not have any such a fact,” “I do not have any a fact that I had a break time near the Dok KimhaeIC,” and at the time, three hours at the time, “I have contracted one time to the extent sufficient,” while the prosecutor’s question, “If I have driven a witness, I do not have a possibility that I will not see the receipt and administration of the goods with C and D for a half time.”