The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is clear that the testimony of the defendant is contrary to objective facts, and around September 2012, when a civil or criminal dispute was pending between C Co., Ltd and EON, the defendant, who was an employee of C Co., Ltd., received telephone from the other party to the dispute and sent the company's data to the other party, was unable to memory, and the defendant made a false statement contrary to his memory for the purpose of undermining D's conspiracy, but the court below acquitted the defendant on the charge of misunderstanding the fact.

2. The summary of the facts charged in the instant case was a person who retired from office in February 2013 while serving as the director of the accounting division of C Co., Ltd., and was present at the Seoul Eastern District Court 9 on November 11, 2013, which is located in the Dong-gu Seoul Special Metropolitan City, Gwangjin-gu, and was sworn as a witness of the Defendant case, such as attempted fraud against D(2012 Godan2855

On September 21, 2012, the Defendant sent E and the Defendant (D) a meeting at the attorney's office on September 21, 2012, and sent approximately 2 minutes and 57 seconds at around 17:14, the Defendant appeared to be a clerical error in the “H” of the EON's Staff F. The Defendant asked the attorney's question, “I have no fact”, “I have received the phone from G using the Handphone,” and the witness testified to the attorney's question, “I have no fact of sending the facsimile to EON after G conversations.”

However, on September 21, 2012, the Defendant made G calls around 17:23, and sent facsimile to EON Co., Ltd. (hereinafter “EON”) around 17:25 on the same day. Moreover, on January 4, 2013, there was a timely measure to assert that there was no such fact with respect to the said currency and facsimile during the conference with E.

Accordingly, the defendant D.