The defendant shall be innocent.

1. On September 28, 2011, the Defendant appeared and taken an oath as a witness of a violation of the Unfair Competition Prevention and Trade Secret Protection Act (Disclosure of Business Secrets, etc.) against D, etc. (No. 2011Kadan439) by the aforementioned court, at the court of law No. 1 of Sungwon District Court 451, as the Manam-si amendment of Sungnam-si, Sungnam-si, the Defendant appeared and took an oath.

The Defendant responded to the presiding judge of the trial of the above case, “I do not ask the defense counsel’s question that “I have any fact that the witness separately prepared a written statement on confidentiality while working for a stock company E”.

However, the defendant, at the time of his/her employment, has been aware of his/her name and signed on the "confidential and a written labor pledge" which promises to keep the confidentiality of the above company E.

Accordingly, the defendant made a false statement contrary to his memory and raised perjury.

2. Determination

A. In perjury, a false statement refers to a statement that a witness experienced rather than a false representation compared to objective facts, against his/her memory. Therefore, the fact that a witness made a statement contrary to objective truth cannot be said to be perjury, and that the statement goes against his/her memory can only be said to constitute perjury.

(See Supreme Court Decision 91Do2209 delivered on December 10, 1991). B.

The Defendant put his/her signature and seal on the “confidential Regulation and Labor Pledge” (No. 196 pages of the evidence record, hereinafter “instant pledge”) containing the content that the Defendant received sufficient education on the rules of employment and regulations, the acquired information due to the company’s business affairs, and the content that the Defendant would not divulge and use any confidential information.

C. However, the defendant, while working in the above company as a field manager, etc., signed and sealed the labor contract and signed it on January 4, 2010, and signed and sealed it as above on the instant pledge attached to the back of the contract, and the instant pledge is small.