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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The overall purport of the testimony by the defendant is not to make a false statement contrary to objective facts, but to make a false statement contrary to memory, and the testimony different from the fact is due to mistake or collapse due to erroneous understanding of the meaning of questioning, the judgment of the court below which found the defendant guilty of the facts charged of this case, is erroneous in the misunderstanding of facts or misapprehension of legal principles.
B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (including a fine of five million won, etc.) is excessively unreasonable.
2. Judgment on misconception of facts and misapprehension of legal principles
A. According to the evidence duly adopted and examined by the lower court, the following facts and circumstances are revealed.
1) In the instant civil litigation between D and E, there was a dispute as to whether a certain amount of KRW 80,000,000,000, which was loaned as collateral real estate in the Dong-gu Daejeon-gu, Daejeon-gu, which was jointly owned by E and the Defendant, can be recognized as E’s investment in the land and building located in G at the time of the issue in the instant civil litigation, or whether the said amount was merely paid as repair expenses for the E’s operation among the above building, and the Defendant’s intensive examination was conducted against the Defendant. (2) The Defendant was mainly in charge of fund management in the real estate investment with D and F, who is a punishment, and the agent of the instant civil litigation presented the contents of the passbook in the instant civil litigation, and the witness asked “to deposit H land as collateral and deposit KRW 50,000,000,000 out of such money as passbook for the Plaintiff’s remodeling project”.
In addition, at the last stage of examination after the witness examination, E presented the same contents of the passbook and "80,000,000 won was additionally loaned on January 9, 2004.