The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) D Co., Ltd. (hereinafter “D”).

) and E Co., Ltd. (hereinafter referred to as “E”);

) The contract for the acquisition of assets, liabilities, and takeover of business between the parties on May 4, 2009 (hereinafter “instant acquisition of assets and liabilities”) is also concluded.

(2) Even if the testimony of the Defendant does not coincide with objective facts, the Defendant was involved only in the preparation of the M&A agreement on May 3, 2009 in the M&A process, and until that time, the Defendant agreed to transfer the entire trademark right of E to D, and thus, the Defendant did not make a false testimony.

B. In light of the fact that the Defendant did not have any particular criminal record on the grounds of unfair sentencing, and the Defendant, as an arbitrator of M&A of this case, did not have any interest in and testified in the dispute between two companies, and testified in accordance with memory, the punishment of the lower judgment (two years of imprisonment for eight months and suspension of execution)

2. Determination

A. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the prosecutor testified that “the Defendant stated that the Defendant was a middle-term factory in the instant indictment No. 6 or No. 11” in the instant indictment means that the Defendant Company stated that the Plaintiff Company was engaged in a domestic business without conducting import land business in any case in the future.” However, the scope of the subject matter was limited after March 16, 2009, and the portion of the imported land’s business was excluded from the object of purchase “D” in the course of sales negotiations, and thus, it was not subject to a separate discussion. Since this Court applied for amendments to the indictment to delete the part, it was modified by permitting it, the lower judgment cannot be maintained any further.