Defendant

The appeal by the prosecutor is dismissed.

1. Summary of grounds for appeal;

A. Prosecutor (1) In the facts charged by mistake and misunderstanding of the legal principles, I talked about ① the defects such as E professor.

The part of the testimony as "the idea is good and spectrum, and the part of the testimony as "for example" was made in violation of the defendant's memory, and the court below erred by misunderstanding facts or by misapprehending legal principles, although it was found that the part of the testimony as "for example" was false in violation of the defendant's memory.

(2) The sentence of the lower court that is unfair in sentencing (2 million won in penalty) is too unhued and unfair.

B. In relation to Defendant (1) misunderstanding of facts and legal principles, the Defendant 1, as to the “H” hosted by G (hereinafter “instant project”), was able to testify as stated in the instant facts charged, on the following grounds: (a) the Defendant obtained a hybrid in the preparatory group with the participating writers; (b) the Defendant proposed “B” parking space remodeling program for one of the planning details of the instant project; and (c) the Defendant was able to participate in the instant project due to the reasons such as the Defendant’s exclusion of the parking space remodeling program from the content of the instant project from the participating writers.

Therefore, although this cannot be evaluated as a false testimony against memory, the lower court erred by misapprehending the facts charged or by misapprehending the legal doctrine by recognizing the guilty facts charged.

(2) The sentence of the lower court’s improper sentencing is too unreasonable.

2. Determination

A. The lower court found that the Defendant had common experience in public arts.

It constitutes a group of Q, R, M, K, L, etc., and individually prepares for the project of this case with an interest in the project of this case and take out the talk about the project of this case in T Group, and T Internet community around June 2010.