A. Defendant 1) Although there was no misunderstanding of facts or misunderstanding of legal principles that Defendant borrowed KRW 700 million from E, E voluntarily prepares a loan certificate stating that Defendant borrowed KRW 700 million from E and affixed the Defendant’s seal impression. Thus, the Defendant did not file a false complaint against Defendant E due to the crime of forging private documents.

Even if the defendant filed a false complaint

Even if the defendant believed that the above loan certificate has not been prepared from that time to that time, and the occasional agency also issued a disposition that there is no suspicion of insufficient evidence as to the case, such as the crime of forging private documents to E, and it is difficult to recognize the defendant's suspicion of false accusation.

As such, it is impossible to recognize the defendant's intention to commit a crime without doubt.

2) The sentence sentenced by the lower court (six months of imprisonment, two years of suspended sentence) is too unreasonable.

B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unhued and unreasonable.

2. The defendant argued the same purport in the court below's judgment as to the defendant's mistake of facts or misapprehension of the legal principle, and the court below rejected the above argument in detail. In light of the evidence duly admitted and investigated by the court below and the court below's judgment, the judgment of the court below is legitimate, and the defendant's mistake of facts or misapprehension of the legal principle is without merit.

3. It is favorable for the Defendant and the Prosecutor to consider equity in the case where a person was detained or convicted due to the instant crime at the same time with the crime of escaping from compulsory execution of the first head of the criminal facts as indicated in the judgment of the court below, and the fact that the person was not detained or convicted due to the instant crime is not committed.

However, the crime of false accusation not only actively infringes on the nation's criminal justice function, but also imposes a strict punishment on a person without criminal punishment.