The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

On December 28, 2009, the Defendant appeared as a witness and received documents, such as a certificate of personal seal impression, from B on December 27, 2009, at the Seoul Southern District Court 2017Da4624, 2018 Godan121 (Joinder), while attending the case as a witness and receiving documents, such as a certificate of personal seal impression, from B on December 27, 2009.

The lower court acquitted the Defendant on the ground that it is difficult to deem that the Defendant had made a false statement contrary to objective facts or had an intentional intent to make a false statement on the premise that he received registration documents, such as a certificate of personal seal impression, from B on December 27, 2009. In so determining, the lower court erred by misapprehending the legal doctrine on the grounds that it was difficult to view that the Defendant had made a false statement contrary to objective facts or had an intentional intent to make a false statement from the Defendant. On April 18, 2018, the Defendant was present at the Seoul Western District Court at the Seoul Yangcheon-gu Seoul Southern District Court at around 390 on April 18, 2017, 2017Da4624, 2018Da1121 (Joint) and C as a witness of the fraud case against Defendant B and C, and subsequently, he was present at the Defendant’s office at the request of B or on December 27, 2009, which received documents necessary for establishing real estate commuting from B and received documents such as a certificate of personal seal impression from B.

However, since the Defendant received a certificate of the personal seal impression issued on December 28, 2009, the Defendant made a false testimony and presented perjury even though there was no document such as the certificate of the personal seal impression issued on December 27, 2009.

In other words, the following circumstances acknowledged by the lower court’s duly adopted and examined evidence, i.e., (i) the Defendant arrived before B’s house at around 6:0 p.m. on December 27, 2009 with respect to the lawsuit of a loan claim filed by the complainant D et al. on June 30, 2016.