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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant (as to the conviction part of the lower judgment), there is no fact that the Defendant actually agreed to pay the so-called early retirement consolation benefits to F, and thus, it is not an perjury to the effect that the Defendant testified to the effect that he did not have agreed to pay the pertinent consolation benefits in the relevant civil procedure. 2) The sentence of the lower court on unreasonable sentencing (as to a fine of KRW 5 million) is too unreasonable.
B. In full view of the testimony of mistake of facts and misapprehension of legal principles (as to the acquittal part of the judgment of the court below's reasoning), the court below acquitted the defendant on this part of the facts charged, although perjury can be established in a case where the defendant clearly proves that he was guilty as stated in this part of the facts charged, and made a statement as if he did not know that he did not know it. This part of the judgment of the court below is erroneous by misunderstanding of facts and misunderstanding of legal principles.
2. Determination
A. In full view of the following circumstances revealed by the judgment of the court below and the evidence duly admitted and examined by the court below as to the Defendant’s assertion of mistake of facts and misapprehension of legal principles, F’s statement by the party witness F is highly acknowledged in light of the consistency and existence of the statement, and the progress of all circumstances related to the instant case, etc.
Ultimately, in full view of the above F’s statement, it can be recognized that the Defendant agreed to pay “50 million won” to F under the name of the so-called early retirement consolation money, etc. in relation to the application for early retirement by B (hereinafter “B”) around 2012, and as long as the Defendant testified to the effect that he did not have agreed to the above purport in the relevant civil procedure, it can be sufficiently recognized that the Defendant was perjury.
Therefore, the defendant's assertion that this part of the judgment of the court below is erroneous in mistake and misapprehension of legal principles.