The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The court below found the defendant guilty on the ground that the defendant misunderstanding of facts or misunderstanding of legal principles made a false statement contrary to memory because he/she believed that he/she provided a loan to F and testified, and although he/she did not intend to acquire the criminal intent or unlawful acquisition in the civil lawsuit against F, the court below erred by misunderstanding of facts or misunderstanding of legal principles.

B. The punishment of the lower court (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. (1) The summary of the facts charged in the instant case is as follows: (a) The defendant appeared and taken an oath as a witness of the Defendant’s perjury case No. 2015 and No. 1075 on D; and (b) the defense counsel’s question, “I have lent KRW 15 million to F on October 22, 2012.”

The answer to the purport that “15 million won was the Defendant’s purchase of the instant real estate (the Eunpyeong-gu Seoul E 401 E. b. hereinafter “the instant loan”) from F, and that the money that the Defendant lent to F is certain, or that the Defendant was receiving a sales contract for the purpose of securing a loan from F. However, the Defendant made a false statement contrary to his memory, since the money that the Defendant delivered as above was the sales price, and thus the Defendant made a false statement contrary to his memory.

(2) Therefore, the following circumstances acknowledged by the lower court based on the evidence duly adopted and examined by the lower court, namely, ① entering into a sales contract with F around September 7, 2012 to purchase and resell the instant loan from F, and pay the down payment of KRW 15 million to F, but the payment of the down payment was difficult later, the Defendant was introduced to F as a new purchaser, and the sales contract is concluded as of October 21, 2012 between the Defendant and F.