The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (fact-finding) is as follows: (a) from January 2005, the Defendant was in charge of the instant business practice while working as an agent for G business planning division; (b) the complainant was the Defendant in a lawsuit claiming KRW 4 billion; (c) the G internal profitability analysis table was prepared on the premise that the amount of the building destruction agreement would be KRW 4 billion; and (d) the Defendant also stated at the prosecutor’s office that “4 billion stories from the enforcement company around May 2005, after hearing about 4 billion stories,” and the Defendant stated at the prosecutor’s office that “it was recorded in the profitability analysis table; (c) there were circumstances leading the enforcement company employees to make a false statement; (d) at the investigative agency, the Defendant was stationed in the executive director L, Y’s seal at the time of the event; (d) the Defendant was in charge of keeping the representative director L and Y’s seal at the time, and (d) the Defendant, the representative of G (N at the time, who did not have been in charge of G) and made a statement to reduce the amount of KRW 4 billion.

Nevertheless, the judgment of the court below which acquitted the defendant on a different premise is erroneous and adversely affected by the conclusion of the judgment.

2. Determination on the grounds for appeal

A. The judgment of the court below is reasonable in light of various circumstances as stated in the judgment below and the purport of “H’s proposal” itself in light of the following: (a) the statement of the complainant as shown in the facts charged is merely a statement based on the professional or abstract side; (b) L/M’s statement is not consistent by the investigation agency, such as the reversal of the statement from the investigation agency; and (c) it is difficult to recognize the credibility of the statement; and (d) the cost of surrendering is stated in the profitability analysis chart as KRW 4 billion.