The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is a contract deposit, and an investment amount (hereinafter “the instant money”) is not an investment amount (i.e., development funds and production funds) paid under the exclusive supply contract (hereinafter “the exclusive supply contract of this case”) on April 30, 2014 concluded by G Co., Ltd. (hereinafter “G”) with E (hereinafter “Association”).

The Defendant, while being aware of such fact, made a false statement against his memory to the effect that the instant money is actually invested in the court of the case of violation of the Act on the Punishment, etc. of Specific Economic Crimes (Fraud) (hereinafter “Fraud case”) against F.

Nevertheless, the lower court acquitted the Defendant on the grounds of the F’s statement without credibility, etc., as the Defendant had interests.

The lower court erred by erroneous determination.

2. Comprehensively taking account of the following facts and circumstances revealed by the judgment records, the defendant was proved to the extent that there is no reasonable doubt that he/she had made a false testimony contrary to his/her memory in the court of the fraudulent case.

shall not be deemed to exist.

The judgment below to the same purport is just and there is no error by mistake.

A. The Defendant consistently stated from an investigative agency to the following purport, and there is no part in itself as to the content of the statement.

1) Around January 27, 2014, the Association (F) and H (J) agreed that HA shall deposit KRW 200 million with the Association in order to carry out the original business activities upon entering into a basic business agreement for LAD’s lighting sales business (hereinafter “instant business”).

2) However, at the time, J may be responsible for and sold 300,000 to 50,000 won per month on the side of the Association. Accordingly, it was demanded to change the power to sell the instant business nationwide, and the J may prepare up to 650,000 won that F is required to pay for the extension of production facilities.