The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Fact-misunderstanding Defendant did not participate in the issue of recovering the certificate of beneficial rights in this case between D and J, and testified that D should pay only KRW 300 million out of the sales proceeds as it is, so there was no false statement in the relevant Defendant case, and there was no perjury.

However, the court below found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the evidence submitted by the Prosecutor was examined by the first instance court on May 1, 2015, and the Defendant’s judgment became final and conclusive on December 13, 2016 after having been sentenced to one year to embezzlement and two years of suspended execution. As above, the crime of embezzlement and the perjury of this case, for which the judgment became final and conclusive, are determined after examining whether to reduce or exempt punishment by taking into account the case of concurrent crimes under Article 39(1) of the Criminal Act and equity, so the judgment of the lower court cannot be maintained in this respect.

B. We examine the judgment of the court below on the assertion of mistake of facts since the defendant's assertion of mistake of fact is still subject to the judgment of the court.

The defendant asserted as the ground for appeal in this part by the court below, and the court below rejected the above argument by stating in detail the defendant's argument and its judgment on the lower part "the summary of evidence" of the judgment. The court below's judgment is just and acceptable, and there is an error of law by misunderstanding facts and affecting the conclusion of the judgment.