The judgment of the court below is reversed.

The case is remanded to the Changwon District Court for the first time.

1. Summary of grounds for appeal;

A. The facts charged in the instant case relate to the first accusation as seen below 2-A, and the part dismissed in the application for a ruling is related to the second accusation as seen below 2-A, and thus both are not identical.

Therefore, Article 262(4) of the Criminal Procedure Act is not applicable.

(Chapter 1). (b)

Even if the facts charged in this case and the application for adjudication are dismissed, the same part is identical.

Even if the public prosecution of this case was filed before the decision to dismiss an application for adjudication became final and conclusive, it does not conflict with Article 262(4) of the Criminal Procedure

(Chapter 2). (c)

Nevertheless, the court below dismissed the public prosecution of this case on the ground that the public prosecution of this case conflicts with Article 262 (4) of the Criminal Procedure Act, and there is an error of law by misunderstanding facts or misunderstanding legal principles,

2. Judgment of the court of the trial

A. According to the evidence duly admitted and examined by the lower court, the following facts can be acknowledged.

(1) On November 2, 201, C brought a false testimony with the purport that “Defendant F did not have any agreement to pay KRW 20 million to Plaintiff C and E” was present as a witness of the Changwon District Court’s Seoul District Court’s 2009Gahap1026, Dec. 1, 2009, and made a false testimony with the purport that “Defendant C violated the agreement with Defendant F” (hereinafter “the first accusation”), and continuously made a false testimony with the purport that “Defendant C violated the agreement with Defendant F” (hereinafter “the second accusation”).

(2) On December 29, 2011, the Prosecutor G of the Jinwon District Prosecutors’ Office (hereinafter “instant non-prosecution disposition”) rendered a non-prosecution disposition regarding the facts of accusation Nos. 1 and 2 under Articles 1 and 17097, and C appealed filed an appeal with the branch of the Busan High Prosecutors’ Office on February 9, 2012.

(3) On June 21, 2012, the Changwon Branch of Busan High Prosecutor’s Office with respect to the above appeal.