The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The defendant above.

1. Summary of grounds for appeal;

A. Of the facts charged in the instant case, the Defendant did not have instigated the perjury to B, and the Defendant had already passed a resolution to give perjury.

However, the lower court convicted the Defendant of this part of the facts charged. In so determining, the lower court erred by misapprehending the legal doctrine or misunderstanding of facts.

B. The sentence of the lower court’s unfair sentencing (two years of suspended execution for one year of imprisonment, and eight hours of community service order) is too unreasonable.

2. The judgment below held that the defendant was not the party to the lawsuit of demurrer against the third party of this case, but the defendant, and the defendant's assertion in the lawsuit was also taken over the pertinent corporeal movable from D Co., Ltd. (hereinafter "the hotel of this case"). Thus, the interest in the winning of the lawsuit in this case is most important to the defendant.

In light of the attitude of testimony in the above lawsuit as well as the statement made by the investigative agency on this case, the part of the facts charged against the defendant on the ground that the defendant did not actively intervene from the assignment of the hotel of this case to the above lawsuit, but it appears that he participated by the defendant's instruction or use, and that he did not intervene by the defendant's instruction or use.

However, we cannot accept the above determination by the court below for the following reasons.

The crime of aiding and abetting is established when a principal offender passed a resolution to commit the crime and the principal offender must pass a resolution to commit the crime. As such, when the principal offender has already passed a resolution to commit the crime, there is no room to establish the crime of aiding and abetting (see Supreme Court Decision 2010Do13694, Aug. 30, 2012). The facts of aiding and abetting constitute the crime of aiding and abetting require strict proof in order to recognize them (see Supreme Court Decision 2010Do13694, Jan. 23, 2014).