The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In relation to the facts charged in the judgment of the court below, the defendant stated in the Civil Procedure Act (Seoul Western District Court 2007Dadan29792) of this case (Seoul Western District Court 2007Dadan29792) in relation to the Ga, B, C, D, and H of the facts charged in the judgment of the court below, although the defendant did not make a false statement as to the use of KRW 22 million remitted to C on December 3, 2003, the court below found the defendant guilty of the facts charged in this case. The court below erred

B. In light of the overall sentencing conditions of the instant case, the lower court’s imprisonment (six months of imprisonment) is too unreasonable.

2. Determination

A. Whether the testimony of a witness in a judgment on a mistake of fact is false or false shall be judged by understanding the whole of the testimony during the relevant interrogation procedure as a whole, not just because the witness's testimony is against his memory. Where the meaning of testimony in question is unclear or diverse, the meaning of the testimony shall be determined clearly after considering the ordinary meaning and usage of language, the context before and after the testimony in question was made, the purpose of the examination, the circumstances surrounding the testimony in question, etc.

(1) In light of the above legal principles, the following facts are revealed by the evidence duly admitted and investigated by the court below, and all other circumstances that can be known therefrom. In full view of the above legal principles, the defendant can sufficiently recognize the facts of perjury by making a false statement contrary to memory as stated in the judgment of the court below as stated in the judgment of the court below.

① The Defendant and C have built a H building in Mapo-gu Seoul, F and G ground (hereinafter referred to as “H”) on the same business. A contract between H on November 14, 2003 and O to receive KRW 40 million as to H 301, and KRW 700,000 per month as to H 301.