The defendant shall be innocent.

1. The summary of the facts charged in the instant case was present and taken an oath as a witness of the case involving damage compensation at the Jung-gu District Court on May 10, 2016, 2015Na7603, which was held in order for the Defendant to take an oath, and the facts in the instant trial are as follows: (a) around January 21, 2014, the lessee was not present at the site at the time of paying KRW 10,000,000,000 of the rent in arrears to E; (b) although Defendant (C) did not directly hear conversations with the aforementioned E; (c) Defendant (a) stated that “A witness had been in a singing room on January 21, 2014, which was sealed by Defendant C to the Plaintiff; and (c) made a false statement on the same date as the Plaintiff’s aforementioned evidence and evidence presented in the instant trial, including that “A was false.”

2. In order to recognize a witness’s statement as a perjury, there should be proof that the contents of the statement are sufficiently confidented to the fact that it goes against the witness’s memory, and if that is not reached, perjury shall not be punished (see, e.g., Supreme Court Decision 2013Do7630, Mar. 27, 2014). Whether a witness’s testimony constitutes a false statement contrary to his memory is not a simple part of the testimony, but a whole testimony in the relevant newspaper procedure should be identified and judged as a whole. Even if the entire purport of the testimony is consistent with objective facts and it is inconsistent with his memory, if it is caused by death or mistake (see, e.g., Supreme Court Decision 94Do1790, Dec. 22, 1994).