The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal refers to the defense counsel's question whether or not the defendant separately prepared a written statement about confidentiality is "no," despite being unable to properly memory the contents of the written statement. The above testimony is false, and the defendant's intent to perjury can be sufficiently recognized. Thus, the court below acquitted the defendant of the facts.

2. Whether the testimony of the witness is a false statement contrary to his memory or not shall be judged by understanding the whole of the testimony during the examination procedure in question as a whole, not by the simple Section of the testimony. Even if the whole purport of the testimony is consistent with objective facts and it is inconsistent with his memory as to the minor part of the testimony, it cannot be a perjury if it is caused by damage to or mistake of the purpose of the examination.

(See Supreme Court Decision 95Do2864 delivered on March 12, 1996). According to the records, the fact that the defendant puts his/her signature and affix his/her seal on the confidential rules and a written labor pledge (hereinafter “instant pledge”) containing the content that he/she received sufficient education about the rules of employment and regulations, and the content that he/she would not divulge and use the acquired information due to the company’s business affairs, and the matters pertaining to the confidential information.

However, the court below's duly adopted and examined evidence, i.e., ① the Defendant served in E Company from April 2009 to February 2010, and the instant written pledge was attached to the back of the labor contract executed on January 4, 2010, and there was no separate explanation or education on the above documents from the above company's side, and ② the Defendant was withdrawn immediately after the preparation of the above documents, and the Defendant was removed from office at the time of the lapse of one year and seven months thereafter.