The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Of the facts charged in relation to a single comprehensive crime within the scope of the judgment of this court, the prosecutor only filed an appeal against the judgment of innocence and the judgment of the remaining innocence, and even if the defendant did not file an appeal, the prosecutor's appeal under an indivisible principle leads to the entire guilty part and the acquittal part of the judgment. Thus, the conviction part is also transferred to the court of final appeal and is subject to the judgment (see Supreme Court Decision 86Do1629, Apr. 11, 1989). Such legal principle also applies to the appeal.

The lower court convicted a part of the facts charged in the instant case and acquitted the remainder of the grounds therefor.

Accordingly, the prosecutor appealed against the acquittal portion of the judgment below, and the defendant did not appeal against the conviction portion separately.

As such, the defendant did not appeal insofar as the prosecutor appealed on the part of acquittal in a single comprehensive crime relation with the guilty part.

Even if the appeal by the prosecutor is indivisible in principle, the appeal by the prosecutor shall affect the whole of the charges of this case and the part of the non-guilty for the reasons. As a result, the part of conviction shall be transferred to the appellate court.

2. Although the defendant made a statement that evidently goes against memory in the court of the court below, the court below found the defendant not guilty of this part of the facts charged by applying excessively favorable evidence to the defendant and unreasonably applying the right to refuse to testify.

Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

3. Judgment on the prosecutor's assertion of mistake of facts

A. On September 27, 2016, around 14:30 on September 27, 2016, the Defendant was present at the Seoul Southern District Court 304, Seoul Southern District Court 386, which was located in Yangcheon-gu, Yangcheon-gu, Seoul, as a witness of the fraud case against the above court 2016 order 356 C.